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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27050
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My wife has been incarcerated since 10 09 for identity theft.

Resolved Question:

My wife has been incarcerated since 10 09 for identity theft. She is now incarcerated in ILDOC she signed detainer. She has a warrant in Birmingham Alabama for the same charge and we like to know if there is anything that can be done to take care of this issue? She has a release date of 03 12. Is there any way this can be taken care of before she is transported to Alabama for her court date?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hi Jacustomer,

If what you are saying is that she is presently serving a sentence in one state and has a hold from Alabama, she will be required to complete her sentence before going to Alabama. Illinois knows that if they let her go, Alabama will not send her back, nor would Illinois want to spend the money to return her. If Alabama is not ready to get her by then, her lawyer can do a bail application on the 12th asking for her release and/or bring a writ of habeas corpus to challenge her continued detention. On the Alabama end, depending upon the seriousness of the crime, facts, and circumstances, her lawyer might be able to bargain for time served or a favorable disposition due to the fact that she has been incarcerated.
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