Legal Question in Criminal Law in Michigan
Who does a County Sheriff HAVE to incarcerate?
I am looking for the Michigan law that pertains to county sheriff's and their DUTY to incarcerate people. In other words, can a county sheriff say NO to a local law enforcement agency and refuse to incarcerate their prisoner?Is the sheriff bound by law to accept all prisoners or can he/she be discreet about who they will incarcerate. Does a prisoner have to be arraigned first? Thank you in advance.
Asked on 11/14/02, 1:48 pm
1 Answer from Attorneys
Nancy Moore
Nancy L. Moore, Esq.
Re: Who does a County Sheriff HAVE to incarcerate?
See Michigan Compiled Law 769.16. The word "shall" means MUST. So the county sheriff must incarcerate the convicted person as ordered by the presiding judge. No arraignments are necessary after a conviction.
Nancy L. Moore
Answered on 11/16/02, 2:54 pm
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