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  #1  
Old 05-14-2012, 10:41 PM
MsBlondie MsBlondie is offline
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Default Detainer for charge that was dimissed, How do I get the detainer removed?

My boyfriend is in a Louisiana private facility. He had charges against him that were discharged and I the attorney sent him a copy. He applied for work release and the caseworker denied him because he doesn't have much time left and he have a detainer. The detainer is for the charge that was discharged in court. Should I contact the attorney he had and/or is there someone else I need to speak to about getting the detainer removed from his record? Thank you in advance for any replies.
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  #2  
Old 05-14-2012, 11:14 PM
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First things first - check with the clerk of court to see that the "discharge" was properly recorded. If it wasn't, take them a copy.

Once that's done, the issuing agency has to remove the detainer. Get a copy of the "discharge", make sure it's file stamped, and get the issuing agency the copy.

From there, it may be attorney time.
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Old 05-15-2012, 08:56 AM
MsBlondie MsBlondie is offline
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Thank you for your response. First I must make a correction. The case was declined not discharge. I don't know if it means the same or not. I contacted the Court of Clerks and they stated the case was declined on 3/7 and the slip was put in on 3/8. I contacted the classification officer who stated he had a detainer, but she has not called me back yet.
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Old 05-15-2012, 05:17 PM
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Originally Posted by MsBlondie View Post
Thank you for your response. First I must make a correction. The case was declined not discharge. I don't know if it means the same or not. I contacted the Court of Clerks and they stated the case was declined on 3/7 and the slip was put in on 3/8. I contacted the classification officer who stated he had a detainer, but she has not called me back yet.
Ok, thanks. I wasn't exactly sure what you meant by discharge, so that helps. It's sounding more and more like it's just a paperwork snafu. If you don't hear from the classification officer in a timely fashion, ask the CoC to resend the slip.

If that doesn't work, have an attorney make a formal request on letterhead. Usually that gets people moving.
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Old 05-15-2012, 06:15 PM
Lucky's Wifey Lucky's Wifey is offline
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ok, thanks. I wasn't exactly sure what you meant by discharge, so that helps. It's sounding more and more like it's just a paperwork snafu. If you don't hear from the classification officer in a timely fashion, ask the coc to resend the slip.

If that doesn't work, have an attorney make a formal request on letterhead. Usually that gets people moving.
do u im?
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Old 05-15-2012, 08:36 PM
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do u im?
no. I'm not here to get clients.
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Old 05-16-2012, 07:47 AM
Lucky's Wifey Lucky's Wifey is offline
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No that's not what I meant......lol I was asking do u instant message? {I'm}
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Old 05-17-2012, 12:40 PM
MsBlondie MsBlondie is offline
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Ok, thanks. I wasn't exactly sure what you meant by discharge, so that helps. It's sounding more and more like it's just a paperwork snafu. If you don't hear from the classification officer in a timely fashion, ask the CoC to resend the slip.

If that doesn't work, have an attorney make a formal request on letterhead. Usually that gets people moving.
thank you so much for all your help. The Classification Officer did call me back. I had to have the slip faxed over to another corrections department (must be the main LDOC) from the COC to have it removed. I called back for confirmation the slip was recevied and the detainer removed. It was removed that day but will take 24 hours to show in the system.
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Old 05-17-2012, 01:23 PM
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Jenrietta Jenrietta is offline
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Lucky you!!! I wish mine were that easy. It's listed as reopen disp. CoC told me that meant there wasn't a detainer on him. I've contacted the PD so many times and they won't deal with it. I've heard they are easier to take care of when they are still incarcerated. Grrrrr.....
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Old 05-17-2012, 01:39 PM
MsBlondie MsBlondie is offline
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Lucky you!!! I wish mine were that easy. It's listed as reopen disp. CoC told me that meant there wasn't a detainer on him. I've contacted the PD so many times and they won't deal with it. I've heard they are easier to take care of when they are still incarcerated. Grrrrr.....
I am sorry you are going through this. If it's not a detainer then what is it? Maybe you have to contact an attorney to help you resolve this issue. My best wishes are with you and your man. Keep me posted.
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Old 05-17-2012, 04:24 PM
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I am sorry you are going through this. If it's not a detainer then what is it? Maybe you have to contact an attorney to help you resolve this issue. My best wishes are with you and your man. Keep me posted.
It's been a mess for over a year. I've been calling everyone that might help and I am just going in circles. DOC has a detainer on him. The SO said they'll pick him up the day he's released from prison. The PD said he'd try to get him in front of the judge soon, that was over a year ago. Now the PD said he'll have to come to county and face it. He thinks that the judge will give him time served, but if that happens, why can't they take care of it now. We're running out of time. If he does go to county and they do that and release him, he'll be 5 hours farther then he is now, making it a 10 hour drive to get him. It's a detainer on a VOP that he had a month left of probation when he violated. So now we are just waiting it out to see what happens in Aug. Grrrrrr......

You are very lucky to have it settled so quickly and somewhat easily. I hate this hanging over his head and mine.
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Old 05-19-2012, 06:38 PM
MsBlondie MsBlondie is offline
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It's been a mess for over a year. I've been calling everyone that might help and I am just going in circles. DOC has a detainer on him. The SO said they'll pick him up the day he's released from prison. The PD said he'd try to get him in front of the judge soon, that was over a year ago. Now the PD said he'll have to come to county and face it. He thinks that the judge will give him time served, but if that happens, why can't they take care of it now. We're running out of time. If he does go to county and they do that and release him, he'll be 5 hours farther then he is now, making it a 10 hour drive to get him. It's a detainer on a VOP that he had a month left of probation when he violated. So now we are just waiting it out to see what happens in Aug. Grrrrrr......

You are very lucky to have it settled so quickly and somewhat easily. I hate this hanging over his head and mine.
Wow, I know this must be hard to deal with. You are right compared to what you are dealing with I got very lucky. They are hard to deal with and give you so many run arounds. They seem to hate when they have someone on the outside supporting them. I hope everything works out for you and your man and he get to come home in August. I am sending you a big hug.
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