Why would a person be taking from illinois court to wisconsin federal holding with no bond or court date?

Asked almost 3 years ago - Waukegan, IL

How long would it take for a court date or bond? The person was fighting a drug case for more than 100 grams but less than 400 grams of cocaine. The person has not been found guilty, if so how long they facing?

Attorney answers (2)

  1. Joshua Sabert Lowther

    Pro

    Contributor Level 17

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    Answered . The person was transferred because a federal warrant pursuant to a complaint (new charge) or indictment was executed. The person shall be taken before a US Magistrate for an initial appearance "without unnecessary delay," which under normal circumstances, usually means the same day or the next day. The issue of bond may be determined at the initial appearance, but the Government may request a three (business day) continuance, and the defendant may request a five (business) day continuance.

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782

  2. David J. Winer

    Contributor Level 8

    Answered . There are two possible reasons. One, that the case is now being charges in Federal court by the U.S. Attorneys office. In larger drug cases that deal with cross-state border allegations the federal prosecutor can have jurisdiction to prosecute and the penalties in Federal court are more severe that state court. . The other reason, is that there is an INS hold and he was taken to the INS holding facility for deportation proceedings. The info yo provided is too vague to know which one it is. I highly recommend getting an experienced attorney ASAP.

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