What happens if you are arrested for a warrant in another county than the warrant is issued and you are not transferred to the correct county?

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What happens if you are arrested for a warrant in another county than the warrant is issued and you are not transferred to the correct county?

We are in Illinois and my husband was arrested for a warrant for selling cocaine under 15g. He is supposed to be transferred to another county that issued the warrant. It has been a week and he is still in the wrong county. What happens if he is not transferred? How long will he sit waiting? No county will provide information to me because they say he’s not in the correct county so they can’t give information. This is his first offense. What can I do? He seems to be a sitting duck and has no legal resources because he’s in the wrong county.

Asked on May 17, 2009 under Criminal Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, that is untrue.  He does have legal resources, but apparently he hasn't exercised them yet? 

1. Call his public defender. He has a right to a speedy trial.  Has he been brought in front of the judge to enter his plea or is he simply sitting in jail and no one will talk to him?

2. If you can afford to hire a private criminal defense attorney or want to at least consult with one, try www.attorneypages.com.

In terms of anything else:

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

 


      (725 ILCS 5/Art. 109 heading) ARTICLE 109. PRELIMINARY EXAMINATION

 

    (725 ILCS 5/109‑1) (from Ch. 38, par. 109‑1)
    Sec. 109‑1. Person arrested.
    (a) A person arrested with or without a warrant shall be taken without unnecessary delay before the nearest and most accessible judge in that county, except when such county is a participant in a regional jail authority, in which event such person may be taken to the nearest and most accessible judge, irrespective of the county where such judge presides, and a charge shall be filed. Whenever a person arrested either with or without a warrant is required to be taken before a judge, a charge may be filed against such person by way of a two‑way closed circuit television system, except that a hearing to deny bail to the defendant may not be conducted by way of closed circuit television.
    (b) The judge shall:
        (1) Inform the defendant of the charge against him
    
and shall provide him with a copy of the charge.
        (2) Advise the defendant of his right to counsel and
    
if indigent shall appoint a public defender or licensed attorney at law of this State to represent him in accordance with the provisions of Section 113‑3 of this Code.
        (3) Schedule a preliminary hearing in appropriate
    
cases; and
        (4) Admit the defendant to bail in accordance with
    
the provisions of Article 110 of this Code.
    (c) The court may issue an order of protection in accordance with the provisions of Article 112A of this Code.
(Source: P.A. 90‑140, eff. 1‑1‑98.)

 

    (725 ILCS 5/109‑1.1) (from Ch. 38, par. 109‑1.1)
    Sec. 109‑1.1. (1) Whenever a person arrested either with or without a warrant is taken before a judge as provided for in Sections 107‑9(d) (6) and 109‑1(a), the judge shall ask the arrestee whether he or she has any children under 18 years old living with him or her who may be neglected as a result of the arrest, incarceration or otherwise. If the judge has reasonable cause to believe that a child may be a neglected child as defined in the Abused and Neglected Child Care Reporting Act, he shall instruct a probation officer to report it immediately to the Department of Children and Family Services as provided in that Act.
(Source: P.A. 82‑228.)

 

    (725 ILCS 5/109‑2) (from Ch. 38, par. 109‑2)
    Sec. 109‑2. Person arrested in another county. (a) Any person arrested in a county other than the one in which a warrant for his arrest was issued shall be taken without unnecessary delay before the nearest and most accessible judge in the county where the arrest was made or, if no additional delay is created, before the nearest and most accessible judge in the county from which the warrant was issued. He shall be admitted to bail in the amount specified in the warrant or, for offenses other than felonies, in an amount as set by the judge, and such bail shall be conditioned on his appearing in the court issuing the warrant on a certain date. The judge may hold a hearing to determine if the defendant is the same person as named in the warrant.
    (b) Notwithstanding the provisions of subsection (a), any person arrested in a county other than the one in which a warrant for his arrest was issued, may waive the right to be taken before a judge in the county where the arrest was made. If a person so arrested waives such right, the arresting agency shall surrender such person to a law enforcement agency of the county that issued the warrant without unnecessary delay. The provisions of Section 109‑1 shall then apply to the person so arrested.
(Source: P.A. 86‑298.)

 

    (725 ILCS 5/109‑3) (from Ch. 38, par. 109‑3)
    Sec. 109‑3. Preliminary examination.) (a) The judge shall hold the defendant to answer to the court having jurisdiction of the offense if from the evidence it appears there is probable cause to believe an offense has been committed by the defendant, as provided in Section 109‑3.1 of this Code, if the offense is a felony.
    (b) If the defendant waives preliminary examination the judge shall hold him to answer and may, or on the demand of the prosecuting attorney shall, cause the witnesses for the State to be examined. After hearing the testimony if it appears that there is not probable cause to believe the defendant guilty of any offense the judge shall discharge him.
    (c) During the examination of any witness or when the defendant is making a statement or testifying the judge may and on the request of the defendant or State shall exclude all other witnesses. He may also cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined.
    (d) If the defendant is held to answer the judge may require any material witness for the State or defendant to enter into a written undertaking to appear at the trial, and may provide for the forfeiture of a sum certain in the event the witness does not appear at the trial. Any witness who refuses to execute a recognizance may be committed by the judge to the custody of the sheriff until trial or further order of the court having jurisdiction of the cause. Any witness who executes a recognizance and fails to comply with its terms shall, in addition to any forfeiture provided in the recognizance, be subject to the penalty provided in Section 32‑10 of the "Criminal Code of 1961", approved July 28, 1961, as heretofore and hereafter amended, for violation of bail bond.
    (e) During preliminary hearing or examination the defendant may move for an order of suppression of evidence pursuant to Section 114‑11 or 114‑12 of this Act or for other reasons, and may move for dismissal of the charge pursuant to Section 114‑1 of this Act or for other reasons.
(Source: P.A. 83‑644.)

 

    (725 ILCS 5/109‑3.1) (from Ch. 38, par. 109‑3.1)
    Sec. 109‑3.1. Persons Charged with Felonies. (a) In any case involving a person charged with a felony in this State, alleged to have been committed on or after January 1, 1984, the provisions of this Section shall apply.
    (b) Every person in custody in this State for the alleged commission of a felony shall receive either a preliminary examination as provided in Section 109‑3 or an indictment by Grand Jury as provided in Section 111‑2, within 30 days from the date he or she was taken into custody. Every person on bail or recognizance for the alleged commission of a felony shall receive either a preliminary examination as provided in Section 109‑3 or an indictment by Grand Jury as provided in Section 111‑2, within 60 days from the date he or she was arrested.
The provisions of this paragraph shall not apply in the following situations:
    (1) when delay is occasioned by the defendant; or
    (2) when the defendant has been indicted by the Grand Jury on the felony offense for which he or she was initially taken into custody or on an offense arising from the same transaction or conduct of the defendant that was the basis for the felony offense or offenses initially charged; or
    (3) when a competency examination is ordered by the court; or
    (4) when a competency hearing is held; or
    (5) when an adjudication of incompetency for trial has been made; or
    (6) when the case has been continued by the court under Section 114‑4 of this Code after a determination that the defendant is physically incompetent to stand trial.
    (c) Delay occasioned by the defendant shall temporarily suspend, for the time of the delay, the period within which the preliminary examination must be held. On the day of expiration of the delay the period in question shall continue at the point at which it was suspended.
(Source: P.A. 83‑644.)


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