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."
Criminal Defense Attorney
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:
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.
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.
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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Criminal Defense Attorney
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.