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how long can a person be held without being


Sent to Legal Experts February 24, 2007 7:39 p.m.

how long can a person be held without being arrainged in the state of Mi?

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warren, Michigan

Customer (name blocked for privacy)
Status: Closed   Value: $9   
Info Request
February 24, 2007 8:48 p.m. (1 hour and 8 minutes later)

Has the formal warrant been read yet? How long has he/she been incarcerated? Has a bond been set yet?

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Reply
Sent February 24, 2007 11:23 p.m. (2 hours and 35 minutes later)

No warrant has been read. HE HAS BEEN INCARCERATED SINCE THURSDAY. HE HAS NOT BEEN BEFORE A JUDGE AND NO BOND HAS BEEN SET.
Customer (name blocked for privacy)
Info Request
February 24, 2007 11:38 p.m. (14 minutes and 22 seconds later)

Sorry..need to know misdemeanor or felony?



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Answer
February 24, 2007 11:53 p.m. (15 minutes and 6 seconds later)
REPLIED Check Mark

It's frustrating, but Michigan only provides the requirement that they go before a magistrate "without any unnecessary delay". Most states have held that period to be no more than 72 hours, most provide for 48 hours. I am checking case law too to see if there's any judicially imposed time limit. Here's Michigan's statute:

764.13
Statutes and Session Law
Chapter 760 CODE OF CRIMINAL PROCEDURE
THE CODE OF CRIMINAL PROCEDURE
764.13 Arrest without warrant; taking arrested person before magistrate of judicial district in which offense charged to have been committed; complaint.


764.13 Arrest without warrant; taking arrested person before magistrate of judicial district in which offense charged to have been committed; complaint.

Sec. 13.

A peace officer who has arrested a person for an offense without a warrant shall without unnecessary delay take the person arrested before a magistrate of the judicial district in which the offense is charged to have been committed, and shall present to the magistrate a complaint stating the charge against the person arrested.

History: Add. 1964, Act 58, Eff. Aug. 28, 1964 ;-- Am. 1980, Act 506, Imd. Eff. Jan. 22, 1981

Compiler's Notes: Former § 764.13, pertaining to the taking of persons arrested without warrants before a magistrate without unnecessary delay, was repealed by Act 44 of 1961.



Edited by LegalEagle, LLC on February 24 2007 at 11:56pm


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Sent February 25, 2007 12:08 a.m. (15 minutes and 17 seconds later)

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powder found on carpet. poss. cocaine
Customer (name blocked for privacy)
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Sent February 25, 2007 12:10 a.m. (2 minutes and 25 seconds later)

we do have a hold period of 72 hrs. in Mi.
Customer (name blocked for privacy)
Answer
February 25, 2007 12:12 a.m. (1 minute and 57 seconds later)

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February 25, 2007 12:14 a.m. (1 minute and 57 seconds later)

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