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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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How can a county jail in Kentucky hold u on misdemeanor

Customer Question

How long can a county jail in Kentucky hold u on misdemeanor warrants from another county before they have to send u to that county
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: It's in London ky they picked my wife up Friday on warrants from laurel co and clay co she went to court Tuesday and charges in laurel were dropped now she has unpaired fines in clay and they still haven't transferred her to get time served on that
JA: Have you talked to a lawyer yet?
Customer: Yes and he was supposed took care of it Tuesday and he hasnt
JA: What advice did they give you?
Customer: That he was gonna call clay and get her credit for time served on the fines and he did nothing and she has kids she needs to b here taking care of
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

Hello. I will help you with your questions. I have been an attorney for 27 years and I was a prosecutor for 9 years. Give me a short time to respond to your question. I am drafting a complete response for you. Can you tell me what county the jail is in?

Expert:  Colleen Grady replied 1 year ago.

It will be helpful for me to know the county where the warrant was issued. It is there obligation to pick you up. Can you please give me this information?

Expert:  Colleen Grady replied 1 year ago.

Under the Kentucky Rules of Criminal Procedure (RCr) Rule 3.02, a person arrested for a warrant should be immediately taken to the court that issued the warrant. If arrested in a different county, the person has to be taken to court for a bail decision. If the judge decides to hold the person for transfer to the county where the warrant was ordered, the person must be picked up by officers of that county within a "reasonable time". This should take no longer than a week.

If the person is held longer, a writ of habeas corpus can be filed to get the process moving faster. Here is the law that says this:

202A.151 Writ of habeas corpus. At any time, and without notice, a person detained at a facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the Circuit Court issue a writ for release.

There should be a form for this in the Circuit Court. This will be a way to either get released or get the transfer done quickly.

Please let me know if I can help more. If you are satisfied with my help, please rate me.