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  • Warrants While Incarcerated: What Do I Do Next?

    Posted on by JACK MKHITARIAN

    criminal defendant rightsWhether you are in jail or prison, you could still have a warrant issued for your arrest. Often these warrants are issued by other counties or states – and sometimes the federal government. For example, you could be in jail waiting for a trial, but you are charged with a crime in another county.

    In these instances, the jurisdiction issuing the warrant could demand that you are brought before their court to answer. In these instances, the courts transport you to the other jurisdiction in order to address your pending charges there.  After those charges are addressed, and hopefully resolved, then you return to the original jail to await proceedings.

    Outstanding Warrants While Awaiting Trial

    If you are awaiting trial and you are the subject of additional warrants, contact your criminal defense attorney immediately. If you are about to enter a plea, you need a deal worked between the warrant jurisdiction and yourself. An attorney can help you with these issues.

    For example, if you plan to enter a guilty verdict for a crime in one county, but you have an outstanding warrant for the same type of offense in a neighboring county. Your attorney can contact both prosecutors to allow you to enter a plea for both.

    When you are entering a guilty plea for both, you might receive a reduced sentence. This is because both counties save on the cost of trials.  Depending on the prosecutor and judge, they may be more willing to shave off a few years or months in exchange for not going to trial.

    Outstanding Warrants for Inmates in a State Prison

    If you have an outstanding county warrant, but you are serving time in a state prison, the procedure becomes more complicated. The prison may be aware that there are outstanding county warrants. So even if the county has not acted on their warrant, your freedom at the end of your prison sentence is blocked.

    Instead, you are held in prison until the other jurisdiction can transport you to their facility to resolve your county charges.

    Outstanding Warrants in a State Prison with Loss of Privileges

    Other times, you could have issues long before your release date – especially if serving a longer sentence in another facility. If you have outstanding warrants, that can interfere with your ability to enjoy certain privileges while in jail. For example, you could be banned from all work release programs, good behavior credits, or even parole.

    You can, however, remove these warrants through your attorney to reduce the likelihood that your time in jail or prison is worse than is necessary.

    How Do Attorneys Clear Outstanding Warrants?

    Your attorney can quickly resolve the outstanding warrants in your name and make life easier. First, your attorney gathers information about the outstanding warrant, including the case information. Then, they send a demand letter to the prosecutor assigned to your warrant to find out the case number and reason for issuing the warrant. From there, your attorney will devise a strategy, which typically includes requesting a speedy trial so that the case is either readdressed or dismissed.

    Do You Have Outstanding Warrants? Contact a Criminal Defense Attorney in NM Today

    If you have outstanding warrants and you are in jail or prison, you need an attorney that can help resolve these outstanding issues while you serve your current sentence.

    Contact the team at New Mexico Criminal Law Offices. We offer confidential, free case evaluations to all first-time clients. Schedule yours now at 505-375-4765 or contact us online to get started.