My question involves criminal law for the state of: South Carolina. I was wondering how long does an officer have to serve an arrest warrant in South Carolina, when the arrest occurred during a traffic stop?
Here's the situation. My husband was arrested in a traffic stop and booked in the jail on what we'll call Day 1. He didn't get to go to bond court until what we'll call Day 3 (2 days after the arrest occurred). Every time I asked why he wasn't going to bond court (which is held twice a day, 7 days a week) on Days 1 and 2, I was told that it was because the arresting officer's hadn't completed or served his arrest warrant. By the morning of Day 3, he still was not on the list for bond court, so, I asked why? Then I was told that it was because of the Holiday weekend (because that Monday was a Holiday), they didn't have a judge to sign the arrest warrant. I was a little confused because there was a judge at bond court twice a day since his arrest that could have signed the arrest warrant, weekend, holiday or not. Surprisingly, he finally went to bond court on Day 3, was issued a bond, I paid it, and he was released.
It is my understanding that SC code 17-15-30(2), states that law enforcement has to turn in the arrest warrant and criminal record before bond court, within 24 hour period. However, they went beyond 24 hours making excuses. Well, when I looked in to the public case record, I found that his arrest date was changed to Day 2 (which if he were arrested on Day 2, it would have fallen in the 24 hour period). But the fact remains, they changed the arrest date in the record. Now, if I had done that, I would be held accountable.
So, am I reading the statute wrong? Did the law pull illegal strings by changing the arrest date because of the 24 hour period?
Here's the situation. My husband was arrested in a traffic stop and booked in the jail on what we'll call Day 1. He didn't get to go to bond court until what we'll call Day 3 (2 days after the arrest occurred). Every time I asked why he wasn't going to bond court (which is held twice a day, 7 days a week) on Days 1 and 2, I was told that it was because the arresting officer's hadn't completed or served his arrest warrant. By the morning of Day 3, he still was not on the list for bond court, so, I asked why? Then I was told that it was because of the Holiday weekend (because that Monday was a Holiday), they didn't have a judge to sign the arrest warrant. I was a little confused because there was a judge at bond court twice a day since his arrest that could have signed the arrest warrant, weekend, holiday or not. Surprisingly, he finally went to bond court on Day 3, was issued a bond, I paid it, and he was released.
It is my understanding that SC code 17-15-30(2), states that law enforcement has to turn in the arrest warrant and criminal record before bond court, within 24 hour period. However, they went beyond 24 hours making excuses. Well, when I looked in to the public case record, I found that his arrest date was changed to Day 2 (which if he were arrested on Day 2, it would have fallen in the 24 hour period). But the fact remains, they changed the arrest date in the record. Now, if I had done that, I would be held accountable.
So, am I reading the statute wrong? Did the law pull illegal strings by changing the arrest date because of the 24 hour period?
Bail, Bond and Pretrial Release How Long Does the Enforcement Agency Have to Serve an Arrest Warrant
Aucun commentaire:
Enregistrer un commentaire