marissa_n_kyle
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« on: February 05, 2010, 01:03:49 AM » |
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My LO is in prison right now. He has warrants also. What can I do to get rid of his warrants?
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Dazzler
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« Reply #1 on: February 05, 2010, 08:16:34 AM » |
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You can contact the police departments were he is wanted and tell them he's in prison. Ask the court clerk's office to 'writ' him to his courtdates. If he doesn't take care of these he won't be released from prison on time...he'll be picked up by whatever department wants him next...
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marissa_n_kyle
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« Reply #2 on: February 05, 2010, 10:39:27 AM » |
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You can contact the police departments were he is wanted and tell them he's in prison. Ask the court clerk's office to 'writ' him to his courtdates. If he doesn't take care of these he won't be released from prison on time...he'll be picked up by whatever department wants him next...
When I went to the clerk's office, they said he would need to fill out paperwork and send it to the police station where he has his warrants at. Do you knw what kind of paperwork they are talking about? |
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JOSEY_MONTES
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« Reply #3 on: February 05, 2010, 04:23:31 PM » |
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It is called Demand for Speddy Trial,Quash Warrent Form and he can get all this out of the law library my man just did it today,make sure he mails it to the States Attorney.
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Dazzler
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« Reply #4 on: February 05, 2010, 04:59:30 PM » |
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That's demand for Speedy Trial....
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"May your day be touched by a bit of Irish luck,
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JOSEY_MONTES
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« Reply #5 on: February 05, 2010, 05:09:10 PM » |
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Yes thats what its called It's @there library and States Attorney told me he must do it all himself and mail it back to them i just came from there yesterday. I will let u no on Monday if it is called something different @there prision but thats what I was told.
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marissa_n_kyle
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« Reply #6 on: February 05, 2010, 07:45:32 PM » |
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Thanks I really appreciate you both letting me knw. If it is called something else, please let me know so I can tell him. That way we don't have to worry about it anymore.
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RT
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« Reply #7 on: February 05, 2010, 10:20:16 PM » |
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If the case has already been adjudicated, meaning he was found guilty or pled guilty there is no speedy trial. A Writ of Habeous Corpus should be filed and then the inmate can convince the court to quash the warrant. If there is someone on the outside to help the inmate then a regular Motion to Quash Warrant is all that is needed. The Hab. Writ is available at the facility's Law Library. The Motion to Quash is prepared filed in the court the normal way. Getting a warrant quashed while incarcerated can change the security level of the inmate thus enabling IDOC to move the inmate to a less secure facility.
Rick
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marissa_n_kyle
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« Reply #8 on: February 05, 2010, 10:56:33 PM » |
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If the case has already been adjudicated, meaning he was found guilty or pled guilty there is no speedy trial. A Writ of Habeous Corpus should be filed and then the inmate can convince the court to quash the warrant. If there is someone on the outside to help the inmate then a regular Motion to Quash Warrant is all that is needed. The Hab. Writ is available at the facility's Law Library. The Motion to Quash is prepared filed in the court the normal way. Getting a warrant quashed while incarcerated can change the security level of the inmate thus enabling IDOC to move the inmate to a less secure facility.
Rick
He paid most of the bond. But wasn't able to appear in court because he was incarcerated at the time. |
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lvanrs2
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« Reply #9 on: February 06, 2010, 07:12:02 AM » |
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Since he can prove he was incarcerated at the time he was supposed to be in court, he should be able to get the warrant lifted once he writs himself to court.
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marissa_n_kyle
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« Reply #10 on: February 06, 2010, 02:38:17 PM » |
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Since he can prove he was incarcerated at the time he was supposed to be in court, he should be able to get the warrant lifted once he writs himself to court.
Thanks. We are really trying to get rid of this and take care of it as soon as possible. And not wait till the last minute. |
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RT
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« Reply #11 on: February 06, 2010, 05:52:50 PM » |
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Chances are that if there is an active warrant on his release day, he will not be released but picked up by the sheriff of the county that issued the warrant and taken to court. My suggestion is to get the warrant quashed immediately.
Rick
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marissa_n_kyle
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« Reply #12 on: February 06, 2010, 10:51:52 PM » |
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Chances are that if there is an active warrant on his release day, he will not be released but picked up by the sheriff of the county that issued the warrant and taken to court. My suggestion is to get the warrant quashed immediately.
Rick
That's why we are trying to take care of it ASAP. And not wait till the last day when he gets released. |
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RT
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« Reply #13 on: February 07, 2010, 09:52:06 AM » |
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Good idea. When I was at East Moline I found out I had a warrant and filed the writ, they quashed the warrant through the mail. I did not have to go to court or anything. Nothing would suck worse than thinking you are getting out only to have them come get you. Not a good feeling.
Rick
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marissa_n_kyle
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« Reply #14 on: February 08, 2010, 01:11:26 AM » |
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Good idea. When I was at East Moline I found out I had a warrant and filed the writ, they quashed the warrant through the mail. I did not have to go to court or anything. Nothing would suck worse than thinking you are getting out only to have them come get you. Not a good feeling.
Rick
So he should file a writ of habeous courpus? Then send it to the states attorney, or the police department to which put the warrant out? |
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RT
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« Reply #15 on: February 08, 2010, 06:23:28 AM » |
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I would think that a simple Motion to Quash would work since they are misdemeanors and it probably would get done through the mail. Either way though. They shouldn't even have to take him to court.
Rick
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marissa_n_kyle
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« Reply #16 on: February 08, 2010, 02:15:06 PM » |
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Out of all the options everyone has given, which would be the best way to go?
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JOSEY_MONTES
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« Reply #17 on: February 08, 2010, 04:49:50 PM » |
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Quash warrent my man did it this weekend and he just let me no now ,and the courts will resolve it with out him,and yes send to States Attorney,officers will even help him fill it out and notarized.
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marissa_n_kyle
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« Reply #18 on: February 08, 2010, 04:54:29 PM » |
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 Thank You so much for helping me out. I really appreciate it. Ill let you know how it goes. Let me know how it goes with your man.
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JOSEY_MONTES
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« Reply #19 on: February 24, 2010, 02:28:29 AM » |
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well marissa_n_kyle we talked to states attorney and they issused a writ for him to go to court the lady in PD office said more then likely they will throw it out since it is a mis and cook county did not take him , at the time he was already in custody for 2 weeks.i will keep you up dated you do the same  |
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