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Criminal Law/Outstanding Illinois warrants

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Expert: - 9/17/2009


Question
My son is currently a prisoner in an Indiana state prison. This was his first felony. The charge was criminal confinement. He is currently taking classes in prison to address his anger & substance abuse problems. His release date is in 2010. He currently has 2 outstanding warrants in Illinois. My question is, "What can he do while he is in prison to resolve these warrants?" They are misdemeanor charges. Thank you.

Answer
This is really not my area of expertise but I will take a shot at it.  The warrants are not going to go away.  When he is released in 2010 he should be picked up by the demanding authority which is the county that holds the warrants.  If perchance the warrants are not extraditable then he will be released without being detained because Illinois has decided not to extradite.  However the warrants will be hanging over his head and will probably affect his parole.

Assuming the first scenario is correct there is a small chance that his attorney (if he has one) could file a writ and have him transferred to Illinois to stand trial for the two misdemeanor charges.  As I said this is not likely but in some circumstances it has been done.  

Either way you can't do any legal maneuvering without hiring an attorney.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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