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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4479
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My husband is incarcerated in IL on a 12 yr sentence. He is

Customer Question

My husband is incarcerated in IL on a 12 yr sentence. He is still facing charge in IA. He has already been to court over these charges, just not sentenced. He was locked up in MO and sent a writ to IA almost 3 1/2 years ago. They no longer have a detainer on him, just a warrant. He has a public defender in IA. We cant get him to do any thing on the case. Is there a statue of limitations? The case is drug related. He's been incarcerated sence 8/05. Any help or direction youcan provide would be greatfully appreciated. thank you
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.



Unfortunately there's not a lot that you can do. The statute of limitations doesn't apply, because the statute of limitations only requires that the state charge him within a certain period of time, which they have already done. Iowa has obviously chosen not to spend the money to extradite him. And Iowa can't do anything without him being present in court. So all he can do at this point is wait to be released at which time he can turn himself into Iowa on the warrant. Unfortunately, there's nothing else that can be done unitl he is released.