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  1. #1
    Join Date
    Mar 2010
    Posts
    2

    Question Detainer of a Federal Inmate for a State Parole Violation

    My question involves criminal law for the state of: pa
    My husband to be was arrested in Dec. 08 --- charges were dismissed from county to federal ---- he was on state parole at time of arrest so there is obviously parole violations.

    he was told there was a detainer, i was told by his parole officer's supervisor that there was a detainer (I was told this about 2months ago) we've tried getting a public defender for this pa state pv detainer yet
    while trying to get a local public defener we've heard some very strange things and found out strange things
    1. bail administration (where we were told he was to write to in order to start the process of gettng a public defener that's not a federal one as his federal public defender can not help with his state pv detainer) anyway bail administraion see's nothing in the system on him.
    2. his federal prison conslour looked into their system and they have no records of detainer
    3. a lady at local public defender was helping even though he's not appointed to them at this time, she was helping try to find out why he would need a public defender cuz according to bail administration he doesn't need legal representaion. but his pa state parole officer did not tell this woman that there is a detainer all he told her was that he was under state supervision but that he is incarsarated in a federal prison. and is unavailable to the state of pa.

    our questions are --- he's been in jail since end o 08 they knw exactly where he is cuz when i talked to parole superviosr months ago she stated where he is and what facility he's in with the federal system
    where is the detainer if nobody seems to "SEE" it? I mean at this point if he was to be released from federal facitly he would get to come home cuz they do not show a detainer. (he's not coming home anytime soon though) but regardless how long do they have to place this detainer? can they wait until his federal sentance is up?
    another question we have is --- if he get's the detainer place say oh in april 2010. can he actualy be available to the state of pa for that hearing? that hearing being his violation hearing the detainer hearing. i read too somewhere that sometimes you can get those lifted if your sentance for the crime is longer then the time for the pv detainer...is it possible to do that? his federal sentance is longer then what his time for pv detainer state jail time would be this is why we wonder bout this!
    sorry this is so long and so many questions but we are very cofused and obviously this isn't his first time being in jail ,but he's never had this kind of thng happenin and never was a federal inmate before.
    thank you for any and all help!
    (we do not want to stir up a detainer if it's not been placed which is one of our reasons for questioning if there is a time limit for them to place the detainer with the facility he is incarsarated in and or whever else they file these.) like wouldn't bail administration know that there is a detainer if there was one?
    he was transfered frm county jail to federal facility just before easter 09

  2. #2
    Join Date
    Dec 2009
    Posts
    117

    Default Re: Detainer of a Federal Inmate for a State Parole Violation

    For what it may be worth, since you will have to be the one to read it, the prevailing law on detainers is the Interstate Agreement on Detainers:

    http://law.justia.com/us/codes/title18a/18a_2_.html

    If he has pending Federal charges, that he is presently in Federal custody for, any detainer placed by any other Federal, state or local authority would be filed with his custodian. That would be the U.S. Marshal for whichever district he is in (Eastern Pennsylvania, Middle/Pennsylvania, or Western/Pennsylvania). Such a detainer would not necessarily be in a file that the Federal prison counselor has access to.

    Since the state criminal issue is a parole violation, there are no speedy trial issues. He has already been tried.

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Detainer of a Federal Inmate for a State Parole Violation

    thanks so much i have been searching as much as i can lol --- and this is one i hadn't found! somethings i print out and mail in for him to read as well.

    he has ben sentanced from his federal charges.

    right now he is still in a detention center waiting to be designated to "his jail"

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