Legal Question in Criminal Law in Illinois

Inmates Self Legal Rights

Hi,

My husband was incarcerated in IL for 11mths.(3yrs), While incarceratd he knew of a warrant for a previous traffic case in the same state. He filled out a form for a WRIT to take care of the case while he was there. The form had to be notarized by the prison. At the bottom of the form, it said the specific county had 120 days to respond or the Warrant will be dismissed. He did not here from them in that time. But they showed up to pick him up on the warrant on his release date. He has bond court tomorrow. The case was a simple $1000 bond for a traffic offense , which they have increased to $5000. Please give me some advice. The forms(copies) are in his property there.


Asked on 6/23/04, 1:30 am

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: Inmates Self Legal Rights

I have dealt with several cases in which warrants were issued for persons in custody. Generally, the state is deemed to be aware of persons in custody and speedy trial demands run even when the request has not formally been made. In this instance, since there was a specific request, there is a good chance that the case should be dismissed, if properly presented to the judge and prosecutor. It is important that it be handled properly since if not done right it could have implications for the status of parole. If you have further questions, please call my cell phone at 630-965-8280.

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Answered on 6/23/04, 8:23 am


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