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What happens now? Charges are dismissed why is he still in custody??

Phoenix, AZ |

My husband was arrested back in October and indicted on 2 felony drug charges. He pled not guilty (rightfully so he had no knowledge of associates harboring drugs, he was in the wrong place at the wrong time). Flash forward to Feb 2011, 2 weeks before he was scheduled to go to trial the Prosecution motioned to dismiss his charges. The motion to dismiss was signed off by the judge and entered into his court docket. Ok, so why is it 72 hours later and he's still in custody. I called the jail they say his charges still show open and he still scheduled to go to trial on 2/28? WTF? Maybe I'm being anxious but I'm ready for him to come HOME NOW! He's already given them 4 months for a crime he did not commit... what is the process in AZ? I'm not familiar with it? Why is he still in custody?

Attorney Answers 4


  1. Talk to his attorney now. He wasn't "pro per," own his own, with two felony drug charges. That attoney need to get into court and have the court order him released. Writing a question on this forum is not the correct thing to do. If he had the PD, call their office. If he had a private attorney call them, now.


  2. Mr. Barrow is absolutely right. Although I suspect (and hope) that he has been rolled out by now.


  3. You might also try calling the court where the case was dismissed and asking them to fax the paperwork over to the jail again.


  4. You absolutely need to call his attorney. The State could've also dismissed without prejudice to add charges or reinidict. If so, it will show as dismissed on the court website. But, knew charges could already be in place. Your husband's attorney is in the best position to look into this for.

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