What to do if a warrant is issued for a person that is already in DOC custody? What kind of writ or papers do they need to file so they can get that warrant taken care of before released so hopefully new charges can run concurrent with existing charges?
1 Answer from Attorneys
The Defendant needs to file a WRIT OF HABEAS CORPUS AD PROSEQUENDUM. An attorney needs to do these as it needs to be presented to the judge for his signature and then certain copies need to be taken to the sheriff's office.
What I recommend defendants to do in situations like this is to write the DA's office a letter about twice a month. Make sure to keep copies of the letter. In the letter explain where he is currently located and that he wants to return to X county to deal with the new case. If the the DA's office does not writ him back, then he has a good argument for dismissal on speedy trial grounds as long as he gave the DA's office notice where he was at.
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