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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110373
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My friend works for a school district on an Indian reservation

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My friend works for a school district on an Indian reservation and was accused of selling drugs. No evidence to support the claim, only the word of a student. He made a deal to be under house arrest while the investigation was ongoing to keep his job. Now the case has been turned over to the Federal Prosecutor's office because the alleged crime happened on Tribal land. He has been questioned by the FBI and DEA who have concluded that the county prosecutor should be brought up on charges of prosecutorial misconduct and abuse of power, but the federal prosecutor is backlogged because of the government shut down and won't dismiss the charges until they have a chance to look it over. Friend continues to be under house arrest indefinitely. How long can they continue to hold him until they get around to looking at his case?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please keep in mind that we do not make up the laws on this site, we simply provide information about them and in many instances people come to us already being told about their situation and hope there may be something more. In some cases there may be and other cases there not be any alternatives.

If his lawyer is already trying to get the US Attorney's Office to move faster, the only other thing his attorney can do is file a petition for writ of mandamus, which is known as an extraordinary writ to the federal court demanding the release of someone who is now being held without any legal cause or justification. This is up to his attorney to consider filing and for his attorney to evaluate as to whether or not this would be granted any faster than the US Attorney finally making a determination in his case. However, based on what you are saying above, it seems the petition for writ of mandamus would be something to consider to get released from the house arrest.

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