Legal Question in Criminal Law in New York

warrant

Hello, ......... My husband has been in prision since may '06 and was issued a arrest warrant on Nov'06 . for the same crime he serving time for.His current staus in the system has no date of when he'll see a judge concerning this matter. Do i find a lawyer or wait for his current lawyer to do something abou it.. In the matter of, 3 weeks to his release . Also is it possible for a lawyer to vacate a warant while the inmate in jai, without being brought to court.l


Asked on 3/27/07, 5:14 am

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: warrant

This seems like a problem for the attorney who is handling your husbands case right now to address. It sounds like your husband is accused of a felony, and that he waived his case for the action of the Grand Jury. Apparently they issued an indictment and someone in the DA's office obtained an arrest warrant instead of lodging a order to produce from the jail. Notify your husbands attorney immediately as it will have speedy trial implications.

Good Luck.

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Answered on 3/27/07, 8:58 am
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: warrant

A warrant cannot be vacated without a physical body. If there is a new arrest warrant, the attorney you have should handle it. Because if not then when he is to be released, the new warrant will prevent him from being released.

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Answered on 3/27/07, 7:28 am


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