Help with answering my quesions re my husband' s arrest and time in jail.

Asked almost 2 years ago - Poulsbo, WA

He has been in jail since 10.18.2012 and today i 10.23.2012. He has yet to see a judge or anyting. It is a civil case re: homeowners dues

Attorney answers (4)

  1. Stan Glisson

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . I recommend you call a lawyer right away to get your questions answered. Any attorney is going to need a lot of information from you in order to explain what has happened, and what your options are from here.

  2. Michael Steven Clark

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . I agree with Mr. Glisson that you should contact an attorney right away. Typically, a unless a person has been convicted of a crime and is serving a sentence, he or she would not sit in jail that long without seeing a judge. But it is impossible to know what is going on based upon the facts that you have stated. An attorney can take a look at the court docket and get to the bottom of this siiuation very quickly.

  3. Scott Weymouth Lawrence

    Contributor Level 18

    2

    Lawyers agree

    Answered . There is clearly much more to this situation than you understand or are explaining in the question. You cannot be arrested on a civil case, unless you have been found in contempt of court for violating specific types of court orders (such as legal separation, dissolution or child support). Even then one can only be held to attempt to coerce the person into following the order. Typically, if arrested on a contempt warrant he would be brought in front of the judge at the next available hearing to clarify what the person needs to do to get out of jail and a review date for the case.

    If this is a criminal case, for fraud, theft or something else, the answer depends on the status of the case. For example, if he has a warrant from another jurisdiction he will be held until he bails out or is transported to where the warrant is. A judge must make a determination of probable cause within 48 hours of his arrest, unless probable cause has been previously found by the court. In many jurisdictions this is done by "paper court" (meaning the judge reviews he police officer's reports and makes a finding without the person present). The judge must set conditions of release (such as bail or other requirements). He can only be held for 72 hours unless formal charges are filed. If formal charges are filed he must be taken to court by the end of the next day.

    There are other types of holds, such as a immigration hold, that could be responsible for holding a person as well.

    The bottom line is that if he is being held on a civil contempt case or criminal case there should be a bail amount, or conditions he needs to comply with, that will secure his release. People do get lost in the system occasionally. The jail or a bail bondsman should be able to tell you what bail has been set and his court dates. If he is being held without bail and has not seen a judge within the required time limits he will need a lawyer to file a petition for his release.

  4. Andrew C Huff

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Unfortunately, your husband's case is a criminal action and not a civil matter, which is why he is being held in custody. Most likely, bail has been set and he has probably been before a judge at some point. The main question is has your husband retained an attorney or have you retained one for him? The best advice is to do so immediately so someone can get started on the case and possibly secure his release while the case is pending.

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