Here is a senario......Man is in jail, has a wife co-defendant who is NOT in jail, was told that if she DIDNT turn herself in that they would keep the man in jail. Is this possible???? Makes no sense to me whatsoever......PLS HELP!!! Can they hold him like that, and what if he doesnt know where SHE is???? HELP HELP!!!!
2007-03-01 13:08:58 · 7 answers · asked by Oreoqueen 1 in Politics & Government ➔ Law & Ethics
Ok, yes he does have an attorney, the attorney was the one who told him he had to turn his wife in......should I consult another attorney....???? Im so confused
2007-03-01 13:17:17 · update #1
If the wife does not summit herself to the law, then the judge will feel that the husband would also be a flight risk and deny the man bond.
2007-03-01 14:56:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This is actually quite complex. Yes, he can be held in the court if he is guilty, and the cases should be treated as two different cases, but in an investigation there are things called plea bargains. It seems to me that they are plea bargaining to lesson the sentence of the husband in return for the wife turning herself in. It is very legal. They can hold him. If HIS attorney was smart, he would insist she turn herself in, for a lesser sentence or none at all for the primary defendant. Plea bargaining is actually quite typical, and there are several similiar cases I can give you this instant. They cannot hold him for over 48 or 72 hours if they have no evidence. In other words, they need to have evidence to charge the defendant, and if you watch tv for example, they do not arrest the individual unless they are certain that he/she is guilty or they have substansial evidence that points them as atleast a primary suspect.
2007-03-01 15:02:03 · answer #2 · answered by Randizzle 2 · 0⤊ 0⤋
Whether he is kept in jail or not is ultimately a matter to be decided in court. Before trial, the issue is bail at an arraignment hearing. After trial, the issue is whether he was found guilty, and what the sentence was.
It is possible to charge him with actions as an accomplice or in conspiracy with things his wife did (or allegedly did), but it's not up to the police whether he stays in jail or not. It's up to the court.
This is something his attorney needs to handle.
2007-03-01 15:08:39 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
ok, i don't know what state you're in but, no...they can not hold him to get you. His charges are his and yours would be yours.
My husband and I were in jail and he did a "walk away". They looked for him and like 3 weeks went by when the FBI came to me. They told me if I didn't tell them where he was or where to find him that they would put his charges on me and I would be looking at a possible 18 years federal time. I was scared...but had no idea where he was or where to look. They were ticked. But they never put his charges on me.
I later learned that was only a scare tactic. It might've worked except that I really had no idea.
When I later got out, He sometime later got caught and they didn't even give him the 18 years. If they are holding him, it's for things he's done or things on him...nothing or no one else.
2007-03-01 15:04:05 · answer #4 · answered by a17blossom 2 · 0⤊ 0⤋
No, they need more than that. His lawyer will successfully argue to get him out. I am sure there is some kind of bond and once he meets that there has never been a requirement that I know of that will allow them to keep in jail just because they want to get his wife too. Who is requiring this, I would check his initial arraignment papers to make sure that isn't required.
But, you know the judges they can do pretty much what ever they want and you can't even sue them........
2007-03-01 13:19:55 · answer #5 · answered by Ed T 4 · 0⤊ 0⤋
It is a difficult situation...If the police (arresting officer), Court or the Judge him/herself suspects that he is holding out information about the other involved person...They can prolong his detention based on this...but that also depends on the severity of the case itself...If your lawyer can't help you, try finding a civil rights organization or better yet a civil rights lawyer...explain to them your situation and maybe you'll get a better result than your "SO CALLED" Lawyer. If this idea fails, my last option would be going to the Media...They love this kind of "S%^$T. U know what I mean???
2007-03-01 15:09:50 · answer #6 · answered by bot 2 · 0⤊ 0⤋
No they can't do that. Do he have an atty? If so, he should file a Writ of Habeus Corpus. If he does not have an atty, he should write to the Court and the Court will set a hearing.
2007-03-01 13:15:01 · answer #7 · answered by David M 7 · 1⤊ 0⤋