How long can they hold my husband as a material witness?
Hi my husband is in a detention center and they have him in there as a witness material he was coming from mexico he was nust trying to come back and see bis baby girl even he doesnt even know the defenders but be has to stay until the case is over do you have any idea how long this process takes they say like 6 months i just dont think is fair just because he is illegal he's in jail
Maria Cabrera
The problem is that this country has been taking a tough stance when it comes to illegal immigration.
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The problem is that this country has been taking a tough stance when it comes to illegal immigration. They are holding people for months and months. In this case, the "material witness" issue is not necessarily related to him being an illegal alien. There are rules that allow the prosecution to hold a witness they deem as material to their case if they are fearful that they are a flight risk and ruin their case.
Since September 11, 2001, the U.S. has used the material witness statute to detain suspects without charge for indefinite periods of time, often under the rubric of securing grand-jury testimony. This use of the statute is controversial and is currently under judicial review.
https://www.inmateaid.com/ask-the-inmate/how-long-can-they-hold-my-husband-as-a-material-witness#answer
Accepted Answer Date Created: February 06,2016
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This response was prepared by InmateAid’s editorial team in consultation with former inmates who have direct experience with the federal correctional system. InmateAid has served families of the incarcerated since 2012. This is general information only — not legal advice.
Last reviewed April 2016.