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Federal inmate with State charges. IAD question.

Henderson, KY |

My family member that is incarcerated asked me to post this, hoping we can find the RIGHT answer.

"I am in Federal custody. I have 2 State Pending charges in 2 counties. I sent out a IAD for both counties back around the first of July. Then at the end of July I was brought to the county jail to await my 2255 hearing. The 6 months that the state has to prosecute me or drop the charges will be up in soon. Does being brought back to county effect the 6 months they have to come get me? How does this effect my IAD request? Will I have to start a new IAD back over again and wait another 6 months when or IF I return back to Federal prison? Any advice would be appreciated, as I'm getting mixed answers from my attorneys, both federal and state attorneys."
Thanks you

Attorney Answers 3

Posted

The defendant needs to address these questions to his state criminal defense attorney ASAP.
§ 440.450. Interstate agreement on detainers

The agreement on detainers is hereby enacted into law and entered into by the Commonwealth of Kentucky with all other jurisdictions legally joining therein in the form substantially as follows:

The contracting states solemnly agree that:

ARTICLE I

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

ARTICLE II

As used in this agreement:

(1) "State" shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(2) "Sending state" shall mean a state in which a prisoner is incarcerated at the time that he initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.

(3) "Receiving state" shall mean the state in which trial is to be had on an indictment, information or complaint pursuant to Article III or Article IV hereof.
ARTICLE III

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Frank Mascagni III

Frank Mascagni III

Posted

Article IV hereof. ARTICLE III (2) The written notice and request for final disposition referred to in paragraph (1) hereof shall be given or sent by the prisoner to the warden, secretary of corrections or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by certified mail, return receipt requested. (3) The warden, secretary of corrections or other official having custody of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information or complaint on which the detainer is based. (4) Any request for final disposition made by a prisoner pursuant to paragraph (1) hereof shall operate as a request for final disposition of all untried indictments, informations or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, secretary of corrections or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice. (5) Any request for final disposition made by a prisoner pursuant to paragraph (1) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (4) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law. (6) Escape from custody by the prisoner subsequent to his execution of the request for final disposition referred to in paragraph (1) hereof shall void the request.

Frank Mascagni III

Frank Mascagni III

Posted

Google the Kentucky Revised Statutes (KRS) and go to this section:§ 440.450. Interstate agreement on detainers for the entire statute. The space limitations here will not allow me to copy and paste the entire statute.

Asker

Posted

Mr. Mascagni, thank you so much for your reply. You have replied to another one of my questions not too long ago. I just wanted to personally thank you for taking the time to answer my questions with your highly respected expertise. I wish I was in the position where I could hire you, because I would in a heart beat! Thank you Mr Mascagni.

Frank Mascagni III

Frank Mascagni III

Posted

You're welcome, good luck.

Posted

You need to clarify with with your attorneys and not with those who do not have all of the facts of your case. There are too many variables here to give you the crystal ball answer of what will happen to you.

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Posted

I concur with my avvo.com colleagues. Seek the advise of local counsel. Mixed answers are not unusual. In complex situations approaches will vary. It is the lawyers task to provide a considered opinion; it is the client's task to accept a certain lawyer as the best one to represent him/her.

Please do NOT use this answer/response to say or do anything regarding your situation. This answer/response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. BEFORE you say or do anything consult with an experienced Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.

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