Extradition to MI from IL

[LostInIllinois]

What is the name of your state? Illinois

Ok, long story short, my boyfriend had a different life when he lived in Michigan. He has been charged in Michigan with Breaking and Entering with intent to larsen.

He got picked up in Illinois after being a victim in a bar fight. They have been holding him in an IL county jail for 2 weeks now, waiting on Michigan to come get him.

He has another IL court appearance on the 10th of this month. It was originally our understanding that if Michigan doesn't come get him by then, that they would have to release him. But after talking with one of the guards, he said he could sit there for months before they come get him.

Now, my question is, how long can they hold him in Illinois before Michigan HAS to come get him?

Also, he was talking about trying to file a petition for a writ of Habeus Corpus so that he has to appear in court in Michigan within 14 days or they have to drop the charges against him. Does anyone know how true this is... and if it is, where can i find a form to send him for it?

Thank you for all of your help.... My daughter misses her daddy...

 

[Happy Trails]

What is the name of your state? Illinois

Ok, long story short, my boyfriend had a different life when he lived in Michigan. He has been charged in Michigan with Breaking and Entering with intent to larsen.

He got picked up in Illinois after being a victim in a bar fight. They have been holding him in an IL county jail for 2 weeks now, waiting on Michigan to come get him.

He has another IL court appearance on the 10th of this month. It was originally our understanding that if Michigan doesn't come get him by then, that they would have to release him. But after talking with one of the guards, he said he could sit there for months before they come get him.

Now, my question is, how long can they hold him in Illinois before Michigan HAS to come get him?

Also, he was talking about trying to file a petition for a writ of Habeus Corpus so that he has to appear in court in Michigan within 14 days or they have to drop the charges against him. Does anyone know how true this is... and if it is, where can i find a form to send him for it?

Thank you for all of your help.... My daughter misses her daddy...

30 days, but it can be extended upto 60 more after that.

Copy and paste:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1994&ChapAct=725%A0ILCS%A0225/&ChapterID=54&ChapterName=CRIMINAL+PROCEDURE&ActName=Uniform+Criminal+Extradition+Act.

For the Habeus Corpus, try to google that term with the county name that this pertains to and see if a form is available online.

 

[LostInIllinois]

Thank you for your response!

Is Habeous Corpus what we need, or is there a different kind of writ that we need? The documentation I have found on Habeous Corpus has been for people that have already been convicted.

 

[Happy Trails]

Thank you for your response!

Is Habeous Corpus what we need, or is there a different kind of writ that we need? The documentation I have found on Habeous Corpus has been for people that have already been convicted.

Basically the premise behind filiing a writ of habeas corpus is to make the court show that he is being held legally.

You can read more about habeas corpus at the site below:

http://www.theamericanvoice.com/habeas.htm

Your boyfriend needs an attorney, if he hasn't already gotten one.