Is it legal to take my children from jail until the court date? 6 Answers as of July 25, 2011

I have two nephews currently in Michigan Jail until their court date age 17yrs due to assault. Why couldn't the parent take them home until the court date instead of leaving them in county jail? And if the judge decides there's no case against what can we do to for that time that those boys been in jail ( 2wks) is there any compensation?

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Although 17, the nephews are not children. If under 16, then the case would have been a juvenile case and they would have been lodged, at worst, in the Youth Home. At 17, they are charged in the District Court. If in jail for 2 weeks before going to Court, I am guessing that they are charged with felony offenses, and the first Court date is a Preliminary Examination. If so, the charges are punishable by a maximum jail term which exceeds one year. Getting out of jail while waiting for court, is a matter of bond. At Arraignment, bond would have been set. If bond is posted, then they are released prior to the next Court date. If it is not posted, then they remain in jail. If the case is dismissed, there is no compensation for the time spent in jail.
Answer Applies to: Michigan
Replied: 7/25/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
They may be released on bond. There is no compensation for jail time served if there is no case.
Answer Applies to: Michigan
Replied: 7/23/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
At 17, a person is considered an adult in the eyes of the criminal law. If your sons have been charged, they should have been arraigned and a bond established. If they are able to post bond, they can be released pending trial. If they cannot post bond, they will remain in jail. If bond was set in an unreasonable amount, their attorney could petition the court to review and possibly lower the bond.
Answer Applies to: Michigan
Replied: 7/22/2011
Law Offices of Jeffery A. Cojocar, PC
Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
I would have to know more details such as the facts of the case and his history, where the case is, etc. before being able to assess whether bond could be changed/reduced.
Answer Applies to: Michigan
Replied: 7/22/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
There has to have been a bond set in the matter. What is it? If it is posted then they can get out. If you want to try to modify the bond then get an attorney.
Answer Applies to: Michigan
Replied: 7/22/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can not lawfully remove anyone from jail unless they are free to go as ordered by the judge or they have posted bail or have been bonded out. There is no compensation for the time they were in jail, even if the case ultimately gets dismissed unless you can prove malicious prosecution or some kind of intentional misconduct by the police or prosecution (i.e. they knew they were innocent but arrested and charge them anyway).
    Answer Applies to: Michigan
    Replied: 7/22/2011
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