How do I get a warrant quashed in another state without an attorney

[Freya Sumbel]

I had a warrant issued a month after I left Idaho for introducing contraband . I allegedly took pictures of my son through three inches of glass at a no contact visit. I am now 2200 miles away and can't afford to go back or hire an attorney. Is it possible to file something with the courts to have this quashed?

 

[Zigner]

I had a warrant issued a month after I left Idaho for introducing contraband . I allegedly took pictures of my son through three inches of glass at a no contact visit. I am now 2200 miles away and can't afford to go back or hire an attorney. Is it possible to file something with the courts to have this quashed?

Why should it be quashed?

 

[xylene]

With appearing or a lawyer the warrant will stand.

Courts are rarely moved by being far outside of the jusidiction and simply unable to return. How did you afford to get there? That's what they will ask.

 

[FlyingRon]

If you have an arrest warrant, you need to contact an attorney back in Idaho and have him look into it. This is a FELONY and not going away easily.

There's something more than meets the eye here. You wouldn't get this because you took a picture through the glass. If you had your cellphone during a prisoner visit, you are being charged because it is illegal to bring "major contraband" on the premises. You are warned countless times about what you are allowed to bring. CELLPHONES are NEVER allowed. Not even attorneys can bring those in.

 

[Taxing Matters]

I had a warrant issued a month after I left Idaho for introducing contraband . I allegedly took pictures of my son through three inches of glass at a no contact visit. I am now 2200 miles away and can't afford to go back or hire an attorney. Is it possible to file something with the courts to have this quashed?

Idaho statute section 18-2510 makes it illegal to possess or introduce any contraband into a correctional facility. When that item is “major contraband" it is a felony offense punishable by up to five years in prison. A cell phone is specifically described in the statute as major contraband. So if the camera you used to take the photo was a cell phone camera, that would violate this law. This has been the law in Idaho since 2012, and prison rules and other materials for visitors make it crystal clear that visitors are allowed only a few sorts of things in the facility and specifically they state that cell phones are prohibited. While I'm sympathetic to your desire to have a photo of your loved one from the visit, the fact is that bringing cameras into a correctional facility, and especially cell phones, is prohibited. Inmates and visitors have used such items in the past to do things that either violate the rules of the facility or to commit crimes and that's why these kinds of items are prohibited.

With that in mind, the court won’t quash the warrant unless you can point to some defect in the warrant. It isn't the taking of the photo that is your problem, it is that you had the camera/cell phone with you in the first place. So you won't get quashed on a claim that you were only taking a photo of the inmate. Nor is the fact that you have moved far away from the state good reason to quash a warrant.

Contact an criminal defense attorney in Idaho to review the facts and advise you of your options to deal with this.

 

[Freya Sumbel]

It was a cell phone . I put it in my pocket in front of the guard who said nothing about it. After the visit I was reprimanded asked to delete the photos and told not to do it again. I complied. I moved home 2200 miles away the next day and one month later got a call from a detective about the matter.He himself was surprised they were pursuing the charge since I had complied and again it was not a contact visit n there was no attempt to give my son the phone.I have helped some of the young men at the prison along with my son with information to file complaints for medical abuse in the system and I believe this is why it was pursued. I told the detective where I would be staying and I am in no way hiding from this but I am a single Mom with a eight year old and can't afford the trip back. I knew I wouldn't be able to go back and that is why I wanted a picture of my child. He has ten fixed years to do.

 

[doucar]

Determining what happened is what trials are for, so I doubt you can get it squashed on your own. If it is put into a national system, such as NCIC, you could be stopped for a traffic violation and taken into custody and held for up to 30 days or until they learn whether Idaho will pay to extradite you or not. So, I would recommend taking care of it as soon as possible. step 1 would be to contact contact an Idaho criminal defense attorney to see what the best route for you to take it.

 

[Zigner]

It was a cell phone . I put it in my pocket in front of the guard who said nothing about it. After the visit I was reprimanded asked to delete the photos and told not to do it again. I complied. I moved home 2200 miles away the next day and one month later got a call from a detective about the matter.He himself was surprised they were pursuing the charge since I had complied and again it was not a contact visit n there was no attempt to give my son the phone.I have helped some of the young men at the prison along with my son with information to file complaints for medical abuse in the system and I believe this is why it was pursued. I told the detective where I would be staying and I am in no way hiding from this but I am a single Mom with a eight year old and can't afford the trip back. I knew I wouldn't be able to go back and that is why I wanted a picture of my child. He has ten fixed years to do.

Please understand that the police are allowed to lie to you. You should never talk to the police...ever...without your own attorney present. You can only hurt yourself and help them.

I'm sure one of the other seniors can post the link to the YouTube video - I never bookmarked it.

 

[justalayman]

Do you mean this ?

 

[quincy]

Please understand that the police are allowed to lie to you. You should never talk to the police...ever...without your own attorney present. You can only hurt yourself and help them.

I'm sure one of the other seniors can post the link to the YouTube video - I never bookmarked it.

justalayman was quicker than I. I deleted my link to the same Regent University School of Law video.

The Idaho Department of Corrections has had undercover FBI investigators in the Idaho prisons due to widespread smuggling of contraband into the prisons. Several people, including correctional officers, have been indicted on federal charges in recent months.

I do not see that you can have the warrant quashed - but the fact that it was known by prison staff that you had a cell phone with you and it was not confiscated is an interesting twist that the Idaho attorney you speak to should be made aware of.

 

[Just Blue]

Determining what happened is what trials are for, so I doubt you can get it squashed on your own. If it is put into a national system, such as NCIC, you could be stopped for a traffic violation and taken into custody and held for up to 30 days or until they learn whether Idaho will pay to extradite you or not. So, I would recommend taking care of it as soon as possible. step 1 would be to contact contact an Idaho criminal defense attorney to see what the best route for you to take it.

uuuhummm....quashed is what happens to a motion. Squashed is what happens to a spider that crawls on your foot as you sit on the toilet.

 

[doucar]

uuuhummm....quashed is what happens to a motion. Squashed is what happens to a spider that crawls on your foot as you sit on the toilet

I should do a better job of proof reading, you are right, it is quashed.

 

[cbg]

How do I get a warrant quashed in another state without an attorney

You don't. It really is that simple.