My husband was taken from our home by Marion County Sheriffs Dept. and held for U.S. Marshalls. Initially he was charged with resisting law enforcement. Bond was set and paid, yet he was detained. Held for (US Marshalls) They have moved him from Indiana, to Kentucky, to Oaklahoma, to Illinois, to etc. etc. There are no charges, no indictment, the file has been sealed. He has been in custody since March 6,2012. !!! What is going on here in Indiana? They showed us no warrants, they simply came and took my husband. They stated they didnt have to show us a warrant. !
A person arrested on a federal warrant must be taken before a US Magistrate in the district of arrest without "unnecessary delay." The magistrate may set bail, set an "identity" or "removal" hearing if the person contests the warrant's being issued for him or her, or if there is no such contest, the magistrate may order that the person be "removed" from the arresting district to the charging district. Although that process may take several weeks, there is no reason that your husband should not have appeared before a magistrate already. What other information, if any, do you have about the district in which the case is pending?
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
I agree with Mr. Lowther. Your husband had a right to appear before a magistrate following his arrest in the district in which he was arrested. I cannot understand the procedure they are following in your husband's case. Unfortunately, he will not be able to challenge it until he gets to the district where the charges are pending and appears in court. If you can afford to hire a lawyer, you should do so to so he can start making inquiries concerning your husband's status.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
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