Q: What motion says the state has 180 days to pick u up from prison for court after 3 bench warrants & still not picked up
My loved one has been in prison 2 years on a drug charge but caught an illegal dumping charge before the drug charge. He has had court every month but they don't pick him up. I went to the court and the Assistant DA told me that his court appointed lawyer could file a motion to get the case dismissed if they didn't pick him up from prison. He can't get into any programs that will help parole with a detainer. The judge has signed 3 bench warrants for the same case but the court corridor isn't doing her job
A:
There is a lot going on for your loved one.
It is true that if an arrest has been made, or a charging instrument (not Indictment) on a case, and the DA does not get an indictment within 90 days or the DA fails to produce an accused within 180 days, a Motion can be made to dismiss the charges or have a bond obligation removed.
What it looks like, is that you want to resolve his pending cases ASAP, so that sentence, if any, can be run concurrently with the sentence he is now serving.
There are a lot more issues for you to deal with, but it seems like, it's time to get a new lawyer.
I hope this helps.
Good Luck!
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