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Who lodges detainers on state cases?

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.

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Attorney answers 3

Posted

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

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Asker

Posted

Awesome thank you very much.

Posted

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

Posted

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.

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Alexander Fredrick Harper

Alexander Fredrick Harper

Posted

As a former prosecutor, I have to disagree here. In some cases, a defense attorney can make a lot of headway by talking to a prosecutor's office before charges are filed. These aren't common occurrences, and the attorneys who are able to make a difference aren't common either.