My boyfriend was sentenced to work release in Indiana but because of an active warrant in Illinois he can't go to work release. The public defender in Illinois says there's nothing that she can do but something has to be done. Can she go to the judge on behalf of my boyfriend and get the warrant cleared up so he can go to work release?
Short answer "maybe". Every situation in the law is fact specific and there might be certain situations where a Judge may recall a warrant and situations where they will not. If the Prosecutor is in agreement (does not object), then you have a greater likelihood of having the warrant recalled. It's also very important to know why there is is warrant, ie: did he fail to show up for a court hearing, was he charged with a new offense, is it a probation violation, (is this a pattern of behavior), these are all factors a judge will consider but there is no "sure thing" in the law. The lower the severity of the reason for the warrant the greater likelihood of having it recalled (all factors considered). However, your public defender is correct on one thing, something should be done soon. - I must also tell you that I am an Indiana Licensed Attorney and Illinois may be completely different in the way they treat warrants.
-Attorney Blake N. Dahl
I agree with my Indiana colleague, that every case is fact specific. If your boyfriend has an Illinois public defender, my guess is that he either violated conditions of his bond in Illinois, violated his probation, or failed to appear. I could be wrong, but if I were your boyfriend, I would waive extradition, and appear back in the Illinois court that issued the warrant, and take care of it that way. I really see no way the Illinois pd could possibly take care of the active warrant without your boyfriend being there to either answer specific questions, or enter some form of plea.
Good luck to you both.
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