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FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 741
Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
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How long can a inmate be held while waiting to be picked up from the coun

Customer Question

My husband was arrested early monday(8-25-08) for an OLD outstanding "body only" warrant. He was picked up at our home in marquette county, which is where he is being held. The warrant is from Milwaukee county, so he's waiting for them to come pick him up. Meanwhile, he's being kept in a holding cell 24 hrs a day because they have not booked him in Marquette Co. Is there a time limit for how long Milwaukee has to pick him up before Marquette would have to release him??? I appreciate your time. Thank you, Sarah
Submitted: 8 years ago.
Category: Criminal Law
Expert:  FloridaLawyer replied 8 years ago.

Hello thereCustomer


Believe it our not, there is no time limit and they could hold him there for days or even weeks. Fortunately, it usually doesn't take more than a few days for another county to come and get him. At that point he will be taken before a judge in Milwaukee for his first appearance on the warrant and should be given a bond amount that you can post to get him out. It wouldn't be a bad idea to hire a criminal defense attorney down in Milwaukee to file a motion to set reasonable bond once he gets there so that you will hopefully receive a lower bond amount.


If the folks at your jail hold him there for more than a few weeks, you can hire an attorney to file what is called a Petition for Writ of Habeas Corpus and set that for a hearing to argue that he should be transported or released.


I hope this helps and best of luck!




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