Legal Question in Criminal Law in Louisiana
if you have been in jail for a year and a half, already sentenced, then they have a warrant that they have had since 2009 and necer served it, what can be done
1 Answer from Attorneys
Your queston does not state who has the warrant. Is it the same court where you were sentenced or is it another court in a different venue? Procedurally, the state has a certain number of years to bring prosecution, otherwise, the charge(s) can be challenged by a Motion to Quash (prescription). Please note, however, that a warrant suspends the running of prescription. This also can be challenged if you were incarcerated during the time the warrant remained outstanding. Our courts have held that the State is the State and if you are incarcerated within the State, then they are presumed to have known of your whereabouts. Under this reasoning, the State has the power to file a Writ of Habeas Corpus to secure your presence before the court on the warrant. Failing to do so will cause prescription to continue to run against their interest.
Another way to resolve this matter is to obtain credit for time served while in jail on the warrant matter.
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