Who lodges detainers on state cases?

Asked about 1 year ago - Los Angeles, CA

Was wondering if anyone knew who is in charge of lodging a detainer against a person with a pending charge in a different state then where he is currently incarcerated. Is it the prosecuting attorney? If so is there a way for a lawyer to talk him into not lodging a detainer? We don't have an attorney at this point, so don't say why don't you ask your attorney. Or hire an attorney. I know that is an easy answer for most of you people answering these questions instead of explaining something to someone. How about some facts and not brainless answers. Thought this website was a place for professional answers and not answers that my dog could answer.

Attorney answers (3)

  1. Antoinette Cara Liewen

    Contributor Level 15


    Lawyers agree


    Answered . Pursuant to the Penal Code, detainers can be lodged by law enforcement or prosecuting agencies.

    DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
  2. Donald Gray Drewry

    Contributor Level 12


    Lawyers agree


    Answered . As a general rule, the prosecuting agency lodges detainers, but it is not limited to them.

  3. Brian K Wanerman

    Contributor Level 18


    Lawyers agree

    Answered . Any peace officer or prosecuting agency can file a detainer. Police don't generally pay attention to the law in most cases. So, I doubt if a lawyer talking to them will accomplish anything. Prosecutors don't listen to defense lawyers until charges have been filed.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship.... more

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