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  #1  
Old 07-10-2008, 04:33 PM
lawoman lawoman is offline
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Default Detainer questions-he's told he has a detainer from another city

My b/f was told by his counselor on 7-1-08 that he was approved for a work furlough; on 7-2-08 his counselor gave him a letter from the APA stating as of 12-21-08(his original out date) he will have no community control sanction; on 7-3-08 his counselor gave him a piece of paper that said that he has a detainer(i'm assuming a warrant) in another city and that he will have to finish his full sentence!

My question is...he filed a notice of availability back in March,'08 with this city and they claim they never got that notice...he's sending another one but the counselor told him the city has 180 days to respond!!!! He has less than that left on his sentence! Is that true?

I called the city and spoke with the clerk of court's office(we don't have an atty) she said if I post bond they will lift the warrant and schedule a court date but for me not to do that unless there is only 30 days left on his sentence because the facility will not transfer him for this type of court hearing!!! Is that true?

Please help!!!!
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Old 07-10-2008, 04:47 PM
Gryphon Gryphon is offline
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You have a few issues here.
1st, it is always true that a requirement for any form of alternative sentencing is that you can't have an outstanding warrant. WHether teh warrant os good or bad, they likely don't much care (because they aren't lawyers or the judge). Warrant equals no program.

It sounds like he might have made a speedy trial demand. If so, these are highly techical, and if not done precisely right teh time doesn't begin to run. States will be different, but thre's a certain amount of time that the trial has to brought within, or else the case gets dismissed. I don't know teh specifics of your state's procedures. You might want to try posing in your home state forum, but you'll get the information you want if you speak to a local lawyer who does criminal law.

As for the clerk's advice; I'm not following her thinking. If he has a hold, he won't get released until he gets transported there. If they aren't going to transport, why whouldn't he make a speedy trial demand? Again, sounds like a local lawyer would be a little money well spent at this phase.

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Originally Posted by lawoman View Post
My b/f was told by his counselor on 7-1-08 that he was approved for a work furlough; on 7-2-08 his counselor gave him a letter from the APA stating as of 12-21-08(his original out date) he will have no community control sanction; on 7-3-08 his counselor gave him a piece of paper that said that he has a detainer(i'm assuming a warrant) in another city and that he will have to finish his full sentence!

I called the city and spoke with the clerk of court's office(we don't have an atty) she said if I post bond they will lift the warrant and schedule a court date but for me not to do that unless there is only 30 days left on his sentence because the facility will not transfer him for this type of court hearing!!! Is that true?

Please help!!!!
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  #3  
Old 07-10-2008, 04:56 PM
lawoman lawoman is offline
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Thanx, Gryphon!!!

I was a little confused also by the clerks response...she said that if I post bond and get the warrant lifted and they schedule a court date and he's still in jail that he would miss that court date and another warrant would automatically be issued for failure to appear and they would not come pick him up for the court date??? Sounds like a legal circus, huh?

Thanx for your advice!!!!
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Old 07-10-2008, 05:50 PM
Gryphon Gryphon is offline
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Well, that part is true. If he missed the court date they'd issue a Bench warrant, even if he was in custody somewhere. The warrant puts a hold on him, and he would be transported when released (assuming they want to transport). It puts him in exactly the same position he's in right now. Why wouldn't he be better off doing a speedy trial demand if available, and seeing if they transport?

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Originally Posted by lawoman View Post
Thanx, Gryphon!!!

I was a little confused also by the clerks response...she said that if I post bond and get the warrant lifted and they schedule a court date and he's still in jail that he would miss that court date and another warrant would automatically be issued for failure to appear and they would not come pick him up for the court date??? Sounds like a legal circus, huh?

Thanx for your advice!!!!
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Old 07-11-2008, 08:43 PM
lawoman lawoman is offline
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Quote:
Originally Posted by Gryphon View Post
Well, that part is true. If he missed the court date they'd issue a Bench warrant, even if he was in custody somewhere. The warrant puts a hold on him, and he would be transported when released (assuming they want to transport). It puts him in exactly the same position he's in right now. Why wouldn't he be better off doing a speedy trial demand if available, and seeing if they transport?
I'll tell my b/f to try to file for that via the law library at the facility but its closed on weekends so he'll have to wait 'til Monday.....thanx, again!
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