Can a judge issue a warrant for the arrest of someone who is already incarcerated?

Question

I have a friend who is incarcerated in Nassau County, NY. She has an open case in Staten Island criminal court (also in NY) and I had bailed her out of the Rikers Island jail last May for $500. I appeared for her this past court appearance which was January 18th and explained to her attorney that she was re-arrested on Nov. 24th 2006 on a DWI and is being held because we cannot afford to bail her out. That is why she didn't appear in court. The judge issued a warrant for her arrest b/c she wasn't produced. Now they say when she is released from the Nassau County Jail, she will be picked up by Rikers Island and taken back to jail because she failed to appear in court. I need to know what her options are because no one seems to be telling me anything and is it legal to issue a warrant for the arrest of someone who is already incarcerated? It was not her fault the jail did not produce her to meet this court date... any help or insight would be appreciated.....

Answer 1

Yes, it is completely legal for an arrest warrant to be issued. Unfortunately, the only person who can truly give her advice would be her attorney. If she doesn't already have one, a public defender should be assigned to her case and they should contact the judge who issued the warrant. Unless you are a blood relative or spouse, the court is not obligated to tell you anything about the case, however you can have access to the public records.

Good Luck

Answer 2

It is legal. My Son-in-Law's sister was sitting in jail on probation violations and missed a court date for a bad check charge. The judge issued a warrant and when she was released from the County jail on the probation charge she was promptly picked up on the outstanding warrant and taken back to jail. The other locality then came and picked her up and she had to go to court on the warrant and bad check before she could get released again. She didn't even actually get out of jail. They just out processed her for release and found the warrant. They notified the court that issued the warrant and they arrested her when she was out processed by the county jail.

Answer 3

She needs to tell the Judge that she was incarcerated on the date that she was to appear. Court and jail records should show her status at the time of issuance of a warrant. And yes, a Judge can issue a warrant for someone incarcerated.

Answer 4

confident, some businesses deliver out notices of warrants contained in the mail. it is plenty much less annoying to have a needed individual turn themselves in as against spending time and components going to seek for them. that's a curtesy, extra or much less. many everybody is arreted, then enable pass after the intial 40 8 hours are up. They weren't charged until eventually an entire case grow to be stepped forward against them. while they are charged, considering they are out-of-custody they have a warrant issued for his or her arrest.

Answer 5

Yes it is completely legal, it was her fault she was arrested for DWI, you can have multiple warrants, if she has a court date she needs to make every attempt to make it, if she does not then its HER FAULT, nobody elses'. She needs a good lawyer to fight for her, especially if she keeps going to jail. But when she goes to court and appears she can plea her case to the judge that issued her bench, and hopefully they will be accepting of it, but I wouldn't count on it, she is a habitual criminal offender, and its harder for them to grant any immunity, especially since the reason she didnt make it to court was due to her own negligence.

Answer 6

yes

Answer 7

short answer: yes, however, her attorney should have had this matter resolved