What is a resolution of detainer?
THIS LAW ALLOWS INMATES IN ALL FEDERAL AND SOME STATE PRISONS TO REQUEST, BY LETTER, A FINAL DISPOSITION OF THE CHARGES PLACED AGAINST THEM BY DETAINER. REMEDIES AVAILABLE TO INMATES IN THOSE STATES WHICH HAVE NOT ADOPTED THE INTERSTATE AGREEMENT ARE OUTLINED.
How do I find out if someone has a detainer?
Every inmate in the Bureau of Prisons should go to his counselor, case manager, or unit team leader, and ask him or her to check in their computer system to see if the system shows any pending charges or detainers. If not, the inmate should check up on it every six months to a year to make sure that none show up.
What is an Interstate Agreement on Detainers?
General Overview: By virtue of the Interstate Agreement on Detainers Act, Pub. Article III of the Agreement permits a prisoner to initiate final disposition of any untried indictment, information, or complaint against him/her in another State on the basis of which a detainer has been lodged against him/her.
What’s the definition of detainer?
Definition of detainer 1 : the act of keeping something in one’s possession specifically : the withholding from the rightful owner of something that has lawfully come into the possession of the holder. 2 : detention in custody. 3 : a writ authorizing the keeper of a prison to continue to hold a person in custody.
How long can they hold you on a detainer?
Although the detainer lapses after 48 hours, and there is no longer legal authority to detain the prisoner, this is frequently disregarded, and attorneys across the United States report that non-citizens are frequently held much longer.
How long does it take to get a detainer lifted?
If the motion to lift the detainer is successful and the judge agrees to lift the order, then the defendant could be released on the day of the hearing. In the suburban counties, it could take one or two months to schedule a detainer hearing.
Can a probation officer lift a detainer?
Once a probation detainer has lodged against the defendant, the defendant’s probation officer typically cannot lift it without the supervising judge’s permission. Therefore, getting a detainer lifted will typically require retaining counsel to file a motion to lift the detainer.
What is a detainer bond?
An Unlawful Detainer Assistant (UDA) Registration Bond is a type of surety bond required in California for those providing services for compensation as unlawful detainer assistants including the preparation of documents required in the prosecution or defense of an unlawful detainer action.
What does IAD mean in court?
BACKGROUND INFORMATION CONCERNING THE INTERSTATE AGREEMENT ON DETAINERS (IAD) IS PRESENTED, AND VARIOUS FEDERAL INTERPRETATIONS OF THE IAD ARE CONSIDERED IN TERMS OF PRISONERS AND PROSECUTORS.