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  #1  
Old 06-11-2019, 06:36 PM
DailyLimitReach DailyLimitReach is offline
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I'm a little lost and do't quite know what to do. My friend is currently incarcerated in a Drug Treatment Facility but also has open cases in 2 other states. I know for a fact that one has a bench warrant out for failure to appear. the other am still waiting to hear back. When I contacted the first lawyer she says she presented the info to the judge but he still set the warrant. Is there anything the lawyer can do/should have done to set his trial date for after his release in August. Is there anything I can do w/o being related to him at all? Would he be able to run his sentences concurrently from two different states? Any why do they set warrants for people who are in state custody knowing they can't show up for trial?
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Old 06-12-2019, 04:43 AM
fbopnomore fbopnomore is offline
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The warrants will remain open until he actually appears in that court, so the judge expects it will eventually force his appearance. Since it sounds like he will have lawyers for both pending cases, that's about all you can do outside of continuing to support him any way you can.

Each sentencing judge may be able to impose concurrent sentences with others that have already been imposed.
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Old 06-12-2019, 11:34 AM
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Is there anything I can do w/o being related to him at all? Would he be able to run his sentences concurrently from two different states? Any why do they set warrants for people who are in state custody knowing they can't show up for trial?

Beyond what you're already doing, no. The legal process is going to proceed, regardless of circumstance and regardless of anything you try to do. The best course of action is to do for yourself: relax, take care of yourself, and be in a good place to be a support to your friend (you can't help a stalled car when your own car is leaking fuel, can you?)


Without knowing what the offenses are that your friend is wanted for out of state I wouldn't even begin to know if there's a chance a judge would run things concurrent. If it's a series of drug charges, then your friend might be in a place, with the current treatment program, that the judges will have incentive to show leniency if they complete it and stay sober. Some things are obviously not going to apply...for example if you told me your friend was wanted for carjacking in one state and murder in another, good luck getting those sentences to be concurrent. (See the issue with the question? Not all crime is created equal....)


As to the warrants, the issue the court has is compelling him to appear. If they simply set a continuation date, they'd have to keep setting new dates with each appearance he doesn't show up for which is a waste of the court's time. By setting the warrant, that effectively stalls proceedings and puts it on your friend to show up to court to restart them (rather than being obligated to any measures of "we have to set the next court date by this date, we have to have this kind of hearing by this date," it basically says "he didn't show up for court, we're no longer bound by any dates until he appears." Without the warrant, there are actually laws and regulations in place about when they need to set the next court date by. The warrant removes that burden from the court.) A warrant is not always a bad thing....unless you don't comply with it, in which case it hangs over your head. In his case it's simple. As soon as he's done with treatment, he needs to communicate with the court clerk, get on the calendar, and be seen by the judge. At that point proceedings can resume. The only reason this would be a bigger problem for him is if the warrant is higher-level (like a serious felony) where they might be compelled to arrest him. But a bench warrant under these circumstances is about par for the course.


Good luck to your friend. I hope they are taking the current situation seriously, getting the help they need, and that the legal issues they're facing get cleared up.


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Old 06-12-2019, 11:44 AM
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He could file a pro se motion for habeas corpus but since his release date from Drug Treatment is August, I highly doubt there's time for his case to go through the system.
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Old 06-12-2019, 06:22 PM
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This is all very helpful. Thank you so much!!

He's taking the program seriously and says he wants so much better for himself. Obviously time will tell if that is true but Im very hopeful and cautious at the same time.
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Old 06-12-2019, 07:30 PM
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Are either of these cases contingent upon successful completion of Willard? Generally speaking if he fails to compete it he has to serve out his sentence. This may not be true for out of state charge. They may take him once released from Willard so be prepared.
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Old 06-12-2019, 07:31 PM
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Sorry re read and saw that they were both out of state. You may need to get lawyers in those states to inquire.
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Old 06-13-2019, 07:19 AM
DailyLimitReach DailyLimitReach is offline
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Sorry re read and saw that they were both out of state. You may need to get lawyers in those states to inquire.
He has public defenders in both states. I was able to get in contact with one just to verify that they have received the information about his incarceration but I also don't want to be too involved/annoying by asking them a billion questions. I don't feel like it's my place. I am still trying to get ahold of the lawyer in the other state just to make sure he's aware of everything.

He's worried he'll be extradited after he finishes @ Willard which is my fear as well. I really hate this whole situation. I can't even be happy that he had 90 days when he may be going right back into the system.
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Old 06-13-2019, 12:46 PM
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Originally Posted by DailyLimitReach View Post
This is all very helpful. Thank you so much!!

He's taking the program seriously and says he wants so much better for himself. Obviously time will tell if that is true but Im very hopeful and cautious at the same time.

Hopefully he is real about it. And yeah...I get the impulse to move mountains. I joke that I moved the CDCR mountain a whole two inches, and it took me 5 years to do it Point being...the justice system just kind of ticks on. There's no magic tricks. Best focus of energy is on being a support. The lawyers usually know best on how to handle the situation, and this is pretty complex due to the multiple jurisdictions involved. I hope he will complete the program, get those cases handled, and put this all in his past.


-Eric
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Old 06-14-2019, 06:24 AM
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Hopefully he is real about it. And yeah...I get the impulse to move mountains. I joke that I moved the CDCR mountain a whole two inches, and it took me 5 years to do it Point being...the justice system just kind of ticks on. There's no magic tricks. Best focus of energy is on being a support. The lawyers usually know best on how to handle the situation, and this is pretty complex due to the multiple jurisdictions involved. I hope he will complete the program, get those cases handled, and put this all in his past.


-Eric
It's so hard lol. Im such a fixer but I also don't want to enable him. I want him to be able to feel comfortable and empowered to do these things on his own because I know he has it in him!
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