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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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how long after being arrested does someone have the right see

Resolved Question:

how long after being arrested does someone have the right see see their public defender.. state is mississippi. what can you do if the polioce are not giving a inmate their prescribed meds?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.



Well an arrest is not an arraignment and in most cases the PD will not meet with the defendant until that initial hearing, just prior. This is usually based on the fact that the PD is very busy.


There is not much you can do about medications until the defendant is evaluated for any health problems. He can request to meet with the in-house medical staff and they will prescribe and distribute the meds to him as needed. But he has no right to have in his possession any medications while incarcerated.



Customer: replied 6 years ago.
i understand he cant have the meds, but this is 60 year old man with heart and multiple health problems who has to have medication, seems they are with-holding meds, when they have them to give, isnt that dangerous? seems like it would be illegal
Expert:  Samuel II replied 6 years ago.



It is not illegal; but they risk a lawsuit should something terrible happen to this man. So, you can certainly contact them and tell them that if his meds are not properly administered and something happens, you will be prepared to sue and encourage them to mind that he is an elderly man with heart problems



Customer: replied 6 years ago.
how long after arrest does he have to get arraignment? they set a bond 3 days ago, now saying we cant get him out today because the computers are down??
Expert:  Samuel II replied 6 years ago.



Did they set the bond at his arraignment? Or was it set by a commissioner of sorts? In other words, did he go to court when the bond was set?

Customer: replied 6 years ago.
all i know is a judge set the bond, they do it via camera they say
Expert:  Samuel II replied 6 years ago.



Right. That would be an arraignment. So he has had his initial appearance, he plead not guilty, bond was set. It is unfortunate the computers are down. Remember, too, that a lot of times if bond is posted that may preclude the assistance of the public defender as the premise is if you can afford to post bond, you can afford a private attorney.


So I suggest you contact the PD's office and see what they think about posting bond.



Customer: replied 6 years ago.
so was he supposed to see an attorney before his arraignment? i guess i am confused on the terms....what about the preliminary hearing, is that next? how long before that happens? (we are not able to post the cash bond, some family is doing property bonds for him)
Expert:  Samuel II replied 6 years ago.



When is his next court date, do you know?

He does not necessarily see the PD at a Preliminary which is the same as arraignment. His next court date should be his trial and he will see the PD then. Maybe before. It depends on how swamped they are. Has he put his name on a list to have a visit by the PD?


It does not matter how the bond is posted. If it is posted at all, it can hinder his eligibilty for the PD services


You should just contact the PD in your county and they can fully explain all of this for you, perhaps, better than I in this venue. Sometimes a voice conversation is better



Customer: replied 6 years ago.
well, we did contact the PD the police said was his lawyer all she told us was she didnt have any paperwork on him yet. no nothing of a trial date or anything like that
Expert:  Samuel II replied 6 years ago.



I see. Then you just need to be patient. It is up to you to post bond or not. I am only telling what could happen, if you do.

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