The state was made aware that the individual was already in custody and they still filed a nationwide warrant. I have heard this is not legal, but need to know which law or motion should be filed to get warrant lifted.
there is nothing precluding a court from issuing that bench warrant even if they knew where he was located. what happens is it goes into a nationwide database, regardless. but it was lodged as a detainer so that the person can be detained after doing the time in the other state. what they can do at that time is to waive extradition or not. if they do not waive the extradition then the other state will come and pick them up.
the only way you can get that bench warrant lifted is to file a motion to have it recalled - however, very unlikely that will happen. but issuing the warrant even though they know he is incarcerated elsewhere is not illegal. it mere ensures that he will be returned to the other state.
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