There are times when an individual may have one or more arrest warrants on record, even while they are already in a correctional facility for another crime. This is known as an Incacerated Warrant. That can raise difficulties above and beyond having a lengthening criminal record. It can mean that certain privileges to prisoners with good behavior may not be available. In that case, an incarcerated prisoner will need help clearing a warrant in another jurisdiction. That is where family and friends can be a vital link to handling these difficult and damaging situations.
Multiple Warrants and Consequences
One of the first and possibly most difficult consequences of having multiple active warrants under one person’s name is that the judge in one case will consider other warrants when invoking sentencing guidelines for the first case. As is true in any jurisdiction and for any type of crime, repeat offenders, or multiple offenders are considered more dangerous to society and will receive a longer sentence under most sentencing guidelines. In addition, such a prisoner may not be eligible for work release programs in their correctional facility, benefits for good behavior, and even parole.
Help from a Family Member for Incarcerated Convicts
When a prisoner who is incarcerated for one crime but has an arrest warrant out for another, their family can be their greatest asset, along with a good attorney. The steps for addressing a second warrant can often include:
- Gathering all available information about the second warrant, including case number and reasons for issuance
- Sending a demand letter to the district attorney in the jurisdiction that issued the warrant, including all information about the case number and reason for issuance
- Include reasons why the offender failed to appear when that warrant was issued, especially if it was the result of being incarcerated
- Asking for a speedy trial in which the court of the second warrant sends for the offender and either dismisses the case, defers it until after the offender finishes the current sentence, or adds additional time on the current sentence
- Sending the letter by registered mail and be sure there are copies for family members to follow up on, and for a lawyer to retain
- Asking family members to send a similar demand letter, and ask family members to post bond in the jurisdiction of the second warrant if necessary
Help from a Criminal Defense Lawyer
It is important to have a lawyer review these types of processes, from beginning to end. This is a serious matter that should not be ignored or further consequences will ensue. A lawyer can help a prisoner and their family answer these charges appropriately and satisfy the outstanding warrant to the satisfaction of the court.