DOC to County jail, booked, no official charges and no arraignment, been 10 days

[wonappeal]

What is the name of your state (only U.S. law)? Michigan
Won an appeal. Convictions were vacated on Dec. 22 2015. Person was finally transferred from MDOC to County Jail on Feb. 29, 2016. Person was booked on charges, not official charges, the officers didn't know what to charge him with, nothing from the prosecutor or judge, so they booked him on the original charges from three years ago. It has been 10 days since he was re-booked into the county jail and has had no arraignment. I thought he would need to be arraigned within 72 hours of being booked on charges. Is this a violation of his due process rights? right to a speedy trial? No one seems to know what to do with someone when conviction has been overturned and remanded for retrial.

 

[HighwayMan]

What does "person's" attorney say?

 

[OHRoadwarrior]

Remanded for retrial, IE the same charges. With a prior conviction, only a lawyer is going to have a judge consider bail, based on his already being convicted, because it is likely he would rabbit if guilty.

 

[wonappeal]

He currently does not have an attorney. He has not been charged. Prosecutor had 56 days to appeal decision, he didn't. He didn't charge him either. Judge had a writ to bring him back to the county as he was no longer under MDoc jurisdiction. He is just sitting in jail waiting to be arraigned.

 

[OHRoadwarrior]

He needs to get a lawyer.

 

[wonappeal]

Indigent. Needs court appointed and can't get one til he is arraigned.

 

[wonappeal]

Indigent. Needs court appointed and can't get one til he is arraigned.

 

[OHRoadwarrior]

I suggest he find more money to pay the appeals lawyer or complete a motion himself and ask someone to file it for him.

 

[wonappeal]

I suggest he find more money to pay the appeals lawyer or complete a motion himself and ask someone to file it for him.

He has been in prison for going on three years. There is no money. What motion should be filed? I had incorrect information. He was not brought back on a writ. There was no warrant. He was released to the custody of the Sheriffs department but that is is all. No warrant, summons, writ, etc. Booked but not arrested or charged with anything thus far.

 

[dave33]

Indigent. Needs court appointed and can't get one til he is arraigned.

Who handled the appeal? He should be able to fill out a writ of habeas corpus. This is of course assuming the county jail has a law library. goodluck.