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

Asked about 3 years ago - 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. Paul E Knost

    Contributor Level 16

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

  2. Paul E Knost

    Contributor Level 16

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

  3. Timothy P Linnins

    Contributor Level 6

    Answered . 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.

  4. Rohn Conan Barrow

    Contributor Level 14

    Answered . 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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,459 answers this week

2,759 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,459 answers this week

2,759 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary