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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (631) 339-6228
- View Profile
- Answered
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
