Criminal Trials, Hearings Writ him to another county

[mollyelizabethb]

My husband is currently being held at Kane County Adult Justice Center in Illinois. He has warrants in an adjoining county and would like to get the cases over with while he is serving his 75 days (50 left). Is there any way he can file a writ of habeas corpus so McHenry County will request his presence for his cases?
He is serving time for a Petition to Revoke Probation on a 5 year old case. He is wanted for financial noncompliance (and possibly a couple of failure to appears) due to driving while revoked. (His license was revoked due to unpaid back child support- which is now paid up).

 

[Jthomas346]

Molly,

Your husband needs to speak with the correctional facility he is in. This all depends on the internal policies of the state on how they deal with outstanding warrants. Either your husband will serve his time at which point he will be transferred to the other county to serve the warrants, or he will be transferred during his sentence. But he needs to contact either a correctional facility officer or an attorney to ensure that the other county is notified that he is currently incarcerated. They probably already know but you need to make sure.

You cannot file a writ of habeas corpus, it does not apply in this case. Habeas corpus only applies if his is being held in violation of the constitution.

-J

Disclaimer: I'm not an attorney. This is not legal advice. This is just a lay opinion.