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Warrant after incarceration keeping him from RDAP, what can we do?
So my husband got a warrant after he was already sentenced and incarcerated. Its going to stop him from going into the RDAP program is there anyway I can get this taken care of?He has written letters but they have shot him down. Its not like he can make it to court.
That's odd. Like I said in my original response up there before I edited, I wouldn't have thought an unresolved state charge would affect his federal program at all. I just presumed they'd go ahead let him complete RDAP, at which point they'd let him out early to face the music on his outstanding warrant from Washington state.
But maybe because it is a substance abuse (DUI) charge, they are withholding RDAP for him for some reason. It sucks too, because as I understand it, without any way to get to state/county court sooner which they may not facilitate transfer of while he's in federal custody, time won't even begin to start accruing (concurrently) on any state sentence received there until he's done serving his federal sentence and is released on probation there.
If it had been the other way around, and he was sentenced on his (state) DUI first before being transferred to federal court to deal with whatever charges there, there's a high likelihood he could have been able to serve time on both charges concurrently and be completely done with it by the time he was released from federal custody.
Hopefully he can at least argue in state court once he is released from the Feds that he served so much time already, that maybe they will cut him a break. It would be even better if he could somehow still get into and complete RDAP so he could say: "Look, I even completed an intense substance abuse therapy program. I now have the tools I need to deal with my addiction."
You might try contacting a lawyer in your area, or at least have him talk to his counselor or case worker or whatever and see what his best options are at this point.
My guess is that, much like programming in many systems, the detainer prevents programmatic placement. However, unless the case is resolved to a time-served disposition, resolving the case does not necessarily remove the detainer...after all, time owed in the other State following the judgment would still result in a detainer being lodged.
Counsel in the jurisdiction where the offense occurred needs to be secured and let them start working on the case. They may be able to resolve it in absentia or, alternately, they may be able to get the bench warrant to issue. They will also be in a position to assert any speedy trial rights that could exist...
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If it's for a pending charge and not a probation violation, he should go to the law library and find the paperwork to file for a speedy trial under the Interstate Compact Detainer Act. He should follow the directions exactly. Then, if they do not bring him to Washington State to appear for trial within 180 days (I believe), he can file to dismiss the charge. You didn't say how much time he has to serve in the feds, so don't know if this would help him get into RDAP and get out sooner or not. But it would help clear up the warrant, which also may be affecting his level of security for prison designation.
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A strategy that I've seen be successful is to write to the prosecutor, providing proof of the federal comviction and the federal time he's serving, and asking toget a plea agreement to plead guilty in absentia to a time served sentence on the state charge.
That works about 65% of the time in my experience.
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