Question: My question is how to go about fixing my boyfriends warrants that are in Illinois from another state? The warrant is for missing court on drug possession and paraphernalia. One a felony, the other a misdemeanor. Both which were not on his person and they arrested him for two months later.
They lowered his bail because of a tragedy that had stricken while he was in jail. Agreed to weekly drug testing (which he never failed one) and finally after they threatened to charge him with whatever they found in his room during the search for him with the original arrest (they wouldn’t state what it was until he went to court) part of a scare tactic to get him to take a plea was a paraphernalia charge not if the same sort as the original charges.
So he said, “Screw it,” and left state with everything pending. In the meantime which has been 4+ years he’s gotten a full time job, a child…
Has everything going for him.
Keep in mind when he was arrested, he had no priors, a full time student, never arrested. Also no positive drug tests, even with the random weekly drug testing the were no failed test.
This has become an issue because now he’s getting messed with by the man out here. Randomly pulled over to be informed he has a light out and then told they’re aware of his warrant then before walking back to vehicle saying there isn’t anything wrong with the light. So it was just make him aware they know about the warrants.
How does he go about facing this without having to go back to Illinois?
Answer: To correct the warrants and bring the charges to trial every U.S?
Citizen has a right to a Fast and Speedy trial under the U.S. Constitution under the Sixth Amendment. So take control of the problem by reading your Sixth Amendment rights to trial.
Consult the Uptown Peoples Law Center in Chicago. Or Land of Lincoln Legal services, or any on-line legal help chat line.
If the charges are bull then a Fast and Speedy trial motion will lock the State into a 120 day timeline to bring your boyfriend to trial or Nolle Prosse the charges. Meaning dismiss with prejudice never to be brought again.
Take control from the state by using your Sixth Amendment right to a fast trial.
If the charges are bogus they will be dismissed. If not then you get a trial and get it over one way or another. Good luck.
Read the U.S. Constitution on line. Then consult your boyfriend and take control by using the Fast and Speedy trial motion.
Question: My fiancé served his sentence and was released due to unconstitutional imprisonment. Now they have arrested him again saying he broke MSR by leaving the state. He didn’t know he had MSR since he was released with the unconstitutional imprisonment and sentencing. What can I do about them re-arresting him?
Answer: It’s best always to get on the internet and expose the illegal arrest. Here are some organizations you can contact: the John Howard Association in Chicago; the VERA organization in Washington, D.C.; Parole Illinois in Westchester, Illinois; the Uptown People’s Law Center. See whether these people can contact an attorney to help you. But best bet is to first expose the facts on all social media outlets. What city are you out of? There are many lawyers who do pro bono work, but I need your city to give you information on local legal power. Please give me more details on release and re-arrest. I await your response. Also, your fiancé should go to prison law library and file a “State Habeas Corpus Petition” back to the state circuit court that released him early on constitutional violation issue. Get that judge to rule on immediate release.
Question: Can guards punish inmates without cause?
Answer: No, the United States Supreme Court has ruled that, “Prisoners are sent to prison as punishment, not to be further punished at the hands of sadistic guards and staff.”
Question: Do prisoners have rights?
Answer: Yes, The Eighth Amendment to the U. S. Constitution forbids cruel and unusual punishment. To understand these rights see my book, “The Prisoner’s Guide To Filing a Winning Grievance.” Here I have documented the prisoner’s rights.