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Timothy D. Smith
Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 1916
Experience:  In House Counsel for Law Enforcement Agency
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My Brother got stopped for license plate in wrong place Friday

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My Brother got stopped for license plate in wrong place Friday afternoon in winamac,indiana in Pulaski county. They found that he had a warrant out since 2006 from ohio that he was unware of and took him. He is still there and has not seen a judge to sign papers to go to ohio. I called Ohio and said it didn't usually take this long that it was very odd. How long can they keep you without being brought before a judge, since there is no charges in indiana? Ohio says they can go get him as soon as Indiana process the paper work. It doesn't make sense why Indiana would delay the paper work when there is no charges against him in Indiana. Is there any legal avenues that I can get the process going.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Timothy D. Smith replied 5 years ago.

Unfortunately, you and your brother are dealing with the inefficiency of the justice system. Since they are lawfully holding him pursuant to a valid warrant, there really is no timeframe in which they have to act, although there are constitutional protections generally available that should help expedite things.

 

You should contact the Pulaski County Sheriff office and demand to speak with the Sheriff or his next in command. Be polite, but firm in addressing your brother's situation and ask all pertinent questions, such as how long he will be held, what is the process of extradition, how extradition actually takes place (who will be transferring him), etc. You should also demand that this take place as soon as is reasonably possible. Also contact the Pulaski County District Attorney's Office and ask to speak with the DA. Go through the same set of questions. You should then contact the county and court from which the warrant emanates in Ohio and inform them of the situation and ask for their assistance in getting your brother home. Be able to provide them contact numbers to your brother's place of containment.

 

The squeaky wheel gets the grease in these situations, but you must remember, as frustrating as it is, to be respectful to the parties involved. A little respect goes a long way with law enforcement officers and those in the judicial system.

 

I hope this helps.

Timothy D. Smith, Lawyer
Category: Criminal Law
Satisfied Customers: 1916
Experience: In House Counsel for Law Enforcement Agency
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