View Full Version : due process for arrest-How long can they be held without being charged?


mzz_mel
04-25-2006, 05:29 PM
hi everyone,
i'm new to this group. my fiance is incarcerated in michigan and i have a question about how long a person can be held without being charged. my fiance was held 5 days without being charged for a crime. he was picked up for a parole violation and that was the reason that was given for him not being released. while in custody detectives questioned him about a crime and on his 5th day of being held, he confessed. his parole officer came to see him on the 4th day of being held and told him that he wanted to release him but the prosecutor had a hold on him. my fiance was never charged with anything other than a parole violation and i was wondering how can they keep a person in custody without charging them and without allowing his parole officer to either move him or release him? if anyone knows the exact law that would answer my question i would appreciate that also. thank you.

LeeS269
10-15-2006, 11:28 AM
CORRECTIONS CODE Act 232 of 1953 (http://www.legislature.mi.gov/(5wm0u0553mvlwu55kbqxzmyx)/mileg.aspx?page=getobject&objectname=mcl-791-239a&queryid=15555737&highlight=parole%20violation)
(click for more info)
791.239a

(1) Within 10 days after an arrest for an alleged violation of parole, the parolee shall be entitled to a preliminary hearing to determine whether there is probable cause to believe that the conditions of parole have been violated or a fact-finding hearing held pursuant to section 40a