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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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Criminal Law: My son is being held in Hamilton County Ohio

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Criminal Law: My son is being held in Hamilton County Ohio on a warrant from Montgomery county for Larceny. He was arrested on 12/30/2011. He has not been formally charged and has had no opportunity to speak with an attorney. They have told him he could be held in Hamilton county until 01/06/2012. Is there anything that can be done to help in this situation.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 4 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

OK, if you DON'T know of any attorneys that you can reach on a holiday such as this, unfortunately, you will have to wait til tomorrow. However, you can then hire an attorney to get him a rather immediate bail hearing so he does not wait until 1/6/12. A hearing regarding bail is required in a reasonable quick period of time, "without unnecessary delay".

Rule 4(E)(1)
...
(iii) Where the warrant is silent as to the posting of bail, requires that the arrested person be held without bail, the arrested person chooses not to post bail, or the arrested person chooses not to waive the procedures contained in division (E)(1) of this rule, the arrested person shall, except as provided in division (F) of this rule, be brought without unnecessary delay before a court of record therein, having jurisdiction over such an offense, and the arrested person shall not be removed from that county until the arrested person has been given a reasonable opportunity to consult with an attorney, or individual of the arrested person’s choice, and to post bail to be determined by the judge or magistrate of that court not inconsistent with the directions of the issuing court as contained in the warrant or after consultation with the issuing court. if the warrant is silent as to the posting of bail or holding the arrested person without bail, the court may permit the arrested person to post bail, hold the arrested person without bail, or consult with the warrant issuing court on the issue of bail.
"

I think it possible that the attorney can get him a bail hearing tomorrow, since waiting until the 6th may NOT be reasonable - I see no reason that holding him that long without bail hearing would be reasonable, and, they do have to allow him the opportunity to call a lawyer. If they do not or since they did not, YOU can call the lawyer and get him to act immediately, both to get him a bail hearing, and hopefully reasonable bail.

More info on his rights and what to expect can be found here:
http://www.ohiobar.org/Pages/LawFactsPamphletsDetail.aspx?itemID=21



I hope this helps clarify for you. And I am sorry you all are dealing with this situation.

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Expert:  AlexiaEsq. replied 4 years ago.
Actually (in reference to your mistaken new thread, which I will answer here, so you don't double pay!)... if he he has charges out of Montgomery county, but was picked up in Hamilton county, Hamilton may not be charging him at all, if he didn't allegedly commit a new crime. But according to the above, he should be brought back to Mongomery country, the court with jurisdiction over the offense charged. And there should not be unnecessary delay, so he can get a bail hearing.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

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