Legal Question in Criminal Law in Michigan

A relative of mine was arrested last Friday after calling to make a report about after his vehicle was hit. While running his information, an Indiana police department arrested my relative for a supposed warrant for a Michigan county. This person was taken to the Indiana county jail. Over the past several days we have been trying to get information about the arrest and how to deal with the situation. The county he is currently being held at has been uncooperative (to put it nicely). 3 days later he is still in the original jail with no plans to transfer him to the county where the supposed warrant existed. I am 100% certain that they have arrested the wrong person!!! There is another male in the area with the exact name who I have found had several warrants himself while my relative has a perfectly clean record. No one will even allow my relative to speak with a lawyer. He has been detained without charge for more than 72 hours. What can I do?


Asked on 3/24/14, 4:07 pm

3 Answers from Attorneys

It appears that you friend is awaiting extradition from Indiana to Michigan. His attorney in Indiana might be able to hasten that process. However, your friend will want an attorney in Michigan to begin working right away to clear up any errors. You should read more at:

www.AggressiveCriminalDefense.com

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Answered on 3/24/14, 7:12 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

The process to extradite a person from one state to another can be slow. What Indiana did was to confirm that a valid arrest warrant for a person with a certain name, DOB, etc. existed and arrested the person. Sometimes some other identifying information (e.g., height difference) can create some doubt that the "Robert Smith" police had in custody is the correct person. The police agency in Michigan holding the arrest warrant may also double-check with the local prosecutor to confirm that they want to incur the up-front expenses of extradition. [For many defendants and charges, arrest warrants set a distance limit for pick-ups; one option to choose is "neighboring states" which these states are.] Indiana (like Michigan) would issue a misdemeanor charge in order to give a judge there the authority to hold the person in jail until a bond can be posted. Michigan's crime is called "Fugitive From Justice". At that point, Michigan has to process paperwork in order to get the state's Governor's signature to tell Indiana, "Michigan wants this guy." The defendant has two choices: he can waive extradition rights and allow Michigan to bring him here without waiting for the Governor's paperwork; or, he can fight the process, require Michigan to get its paperwork, and then hold a hearing in Indiana challenging evidence that he's the right guy. If he chooses Plan B, he might sit in jail quite a while for that process to wrap up. All in all, a person arrested in one state 4 days ago will not get extradited yet.

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Answered on 3/25/14, 5:26 am
Tracy Gaudenzi Torni Gaudenzi Law, PLLC

As I understand your question, you want information. Consult with an Indiana criminal defense attorney, and through her/him obtain information about the Michigan warrant.

Then find an attorney in Michigan (local to the county where the warrant is from) to assist you in Michigan.

I hope the information brings you peace of mind. Good luck.

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Answered on 3/26/14, 8:33 am


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