Legal Question in Civil Rights Law in Mississippi

Time limitations on prisoners being held without trial.

In meridian MS., my brother was arrested for aggravated assault.While out on bond, he was arrested for armed robbery. He was bonded again. however, when he appeared at a pretrial hearing,he was rearrested. The reason given for this arrest was that he was not supposed to have been allowed to bond out on a felony while out on bond for a felony.The alledged victom in this (his lifelong friend)

has dropped the charges and missed two court appearances.My brother has been in jail for nine months. In this time, two grand juries have continued this case due to lack of evidence and witnesses.The other man charged with this crime has been released from jail without bond due to insufficiant evidence. My family tried to hire my brother a lawyer to file for the case to be dismissed. She took the money and went to his preliminay with evidence proving that the gun involved was actually registered to the alledged victom. I do not know if this was a time when she would have been able to present any evidence. However, she only stated that she had no statement to make, and the preliminary was over. My question is: Is there a limit to the amount of time my brother can be held on this before a case can be made against him?


Asked on 5/29/04, 5:31 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Time limitations on prisoners being held without trial.

Follow up with your lawyer and ask why she hasn't filed a "habeas" motion. He should not have had to sit that long with nothing being done. Her job is to actively work to get him out, not just appear at a preliminary hearing. If you have paid her fee, she needs to be doing more ...but you are represented by counsel who has the facts, so you really need to follow up with her.

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Answered on 5/29/04, 5:40 pm


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