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?
Update. I found out that the extradition papers have been completed and filed since last Friday. They are just sitting on them now. The deputy at the Michigan county with the supposed warrant had the audacity to say "we won't just drop everything". While I understand that to an extent, the distance is 30 minutes between each county.
3 Answers from Attorneys
I'm not sure what your question is. However, as before, your relative should hire an attorney to begin working in Michigan. Try calling Attorney Michael Cronkright at 1-800-576-6035.
You should hire an Indiana attorney as well for purposes of finding out why they are holding him so long.
Isn't this a rehash of an earlier post with the same facts ... albeit with a post-script update?
See:
https://www.lawguru.com/answers/answer/show/420296994
It surprises me that "extradition papers have been completed and filed since last Friday" (which is the day he was arrested). I have never seen an extradition process, including a Governor's warrant, happen in one day. Did this arrested relative waive extradition (i.e., consent to be brought to Michigan)?? It sounds like, if your information is all accurate, he might be able to challenge the process in an Indiana court by proving an issue of mistaken identity.
I've got a strange new version of that 1970s song running through my head now: "Mich-i-gaaaan wants me ... Lord, I can't go back there!". (Sorry. Couldn't resist that one.)
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