Illegal Detention

[Esteban]

My friend was out on bond pending a sentencing hearing. He complied with all bond requirements. 5 months ago, a murder was committed in town. The police immediately revoked his bond upon suspicion that he was involved.To date, they have neither charged nor released him! I understand that their (very) thorough investigation to date has not turned up evidence in support of what they assumed at start. However, they are trying to push his sentencing hearing to quick completion why staying silent on the question of his involvement in the murder. All they claim is that he is "a person of interest". Of course this creats a bias in his sentencing towards a longer term than he would otherwise receive as a petty criminal. Anyway, can he not go directly for Habeas Corpus, without going to IL appellate court? The district court has refused to reinstate his bond although his attorney did fail to cite the 5th amendment as support (just 3rd and 4th). It has now been over 150 days since he was detained and he is a civilian, not a terrorist suspect!

[Putnam]

There was no guilty plea. He was convicted after a jury trial (with circumstantial evidence and poor representation).Not being out does harm him! He is suspected of a heinous murder in a community with a small-town mentality about crime. This sentencing hearing is very important. If he were out, he would be contacting his friends in-person and eliciting from them the best character testimony possible. As it is he has to rely upon a couple of friends to do that and they do not understand how the legal system works and cannot prep people properly. He has a PD who has not spoken to any of the witnesses yet despite getting a continuance on the hearing. If he were out, he would be able to nag the attorney to get things done. Someone else had to do a 7 page summary of 10 witnesses for him and submit this to the attorney. It was done in a haphazard manner. My friend is highly intelligent and an excellent writer and communicator who would have done a much better job on these. Initially, he was looking a 3 yrs. Now they are talking about extended term and 14 yrs. Big difference!

[Jorell]

"can't the issue of prosecutorial or judical misconduct be raised in the situation of my friend."Not viable."The authorities have the right to take however long they want to decide whether or not to charge him, but do they have the right to hold him past a reasonable time period (say 30 days) while they decide?"He appears to be in custody post-trial and pending sentencing.
He is not being held on the alleged murder."they are deliberately and knowingly violating his right to be out on bond (because he previously met all the conditions for bond release pending sentencing (for burglary). So, is this not misconduct?"As previously stated, there is usually no right to bond post-conviction, because you've been convicted.

[Fridolf]

Simply to proceed more. From what I've read, can not the problem of prosecutorial or judical misconduct be elevated within the scenario of my buddy. The regulators possess the to consider however long they would like to decide whether to cost him, but do they've the best to put on him past an acceptable period of time (state thirty days) while they choose?I Have read that prosecutors have qualified defense due to their steps in a courtroom pursuant to defending an incident, but that that defense is dubious once they undertake an investigatory role.Since they've not billed him with any part within the homicide; their steps in detaining him are in accordance with the standing of a study only. Further, they're intentionally and intentionally breaking his to be on relationship (since he formerly achieved all of the problems for connection release pending sentencing (for theft). Therefore, is that this not misconduct?

[Galton]

"there is no guilty plea. He was charged following a court trial (with circumstantial proof and bad illustration)."Did you stay through the test? Are you currently biased in support of this individual? Circumstantial evidence convicts people as much as immediate evidence."If he were out, he'd be calling his buddies in person and eliciting from their store the very best personality account possible."They've phone-in prison. He is able to contact people and have because of their help. If he connections ONE buddy, like oneself, that individual may do the legwork."because it is he's to trust a few buddies to achieve that plus they don't know how the appropriate method works and can't preparation individuals properly."They appear and create claims regarding personality. It is not difficult."Originally, he was searching a-3 yrs."Not correct. If he visited test and was charged, the judge has got the full-range of consequence open to him.

[Alva]

The prosecutor in the event heis awaiting sentencing on probable submitted a movement to revoke relationship, or improve bond.If he's pled guilty and it is awaiting sentencing, there is often no to bond since you can get prison/imprisonment time.We need to suppose his lawyer is qualified. When the lawyer is not seeking difficult to get him out, I Would suppose his sentencing is most likely looking like prison or jail time.Just out of attention, what plea deal may have experienced location? If it's jail period, may as well begin helping it today in the place of later.