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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25444
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My brother has been arrested in Great Falls , Montana.(cascade

Customer Question

Hi-My brother has been arrested in Great Falls , Montana.(cascade county jail).He has been in jail for 3 weeks now. He has no court date for arigenment or a assigned public defender. Has not been officially charge. The only info we have is his bond. What are the laws or satutations on being arrested. How long dose the court hold an inmate until they charge him. He been in jail for three weeks now. He has been accused wrongfully, and has no been offically charged. The small town mentally, and news media bais, and facebook in public opinion is what they used a tip off to police. He is just sitting there with no legal rights. No defender. I need legal advice and to seek legal counsel.
Please let me know ASAP.
Thank You,
Christy
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello, My name is ***** ***** I am an experienced criminal lawyer. Is your brother on parole or probation for an earlier case? Is there anything holding him in besides this uncharged crime? When was bail set on him and where? Did he go before a magistrate? Did you contact the public defender's office directly to find out why he had no lawyer?
Customer: replied 1 year ago.
Hi- My brother has zero prior charges in the state of Montana. Only a traffic ticket for not having his insurance papers in his car,but that was years ago. he went to court and paid. He never been on parole or probation in his life. He has no zero arrest record. He has not been before a magistrate. Has been three weeks already. I have not contacted public defenders office he has not been assigned a defender. His bail was set at booking time in great falls Montana.
My brother did beat up his friend that robbed his house. (Which at the time of robbery my brother reported to police and who did it.) Just so happens on the same night a chruch was vandalized , and because the small town mentally. so it made to the news to the kid he beat up reported to cops he did the chruch vandalism was a broken window. so due to social media and Facebook the story made the new and due too public opinion was wrongfully accused and bail was set so high. The news media and social media in this town accused him of breaking a chruch window just because happened to be the same night he got into a fight with a friend that robbed him in December. The person then wrongfully tipped off police as an act of revenge. So they set his bond to $50,00. Which is totally bais and the system is treating him like he guilty he has no even been officially charged. They have no proof and have to dropp the charged which will make this small town made because of thier chruch so court holdin in illegally ?
Expert:  Zoey_ JD replied 1 year ago.
This sounds to me as if your brother was wrongfully detained. They cannot keep him in jail if this case has not even been filed with the court.
If you have no money to get him a lawyer, you need to contact the public defender's office, tell them that your brother is indigent and that he has been sitting in jail for three weeks without having ever been charged with a crime.
Public defender's must be appointed by the judge but for an emergency they will usually rise to the occasion. Your brother needs a lawyer to file a writ of habeas corpus. That will require that he be brought quickly before a judge for the state to show why they are still holding him and if they can't to release him