Q: My son is in fed prison however he has a hold on him in blount co for probation violation. His time is done there.
I have all paperwork where his time was figured in nashville. Is there any way to get this resolved so that when released from prison he doesn't have to turn himself into blount co. To wait for this issue to be resolved.
A:
This is a fairly common situation. It is very difficult to get the state authorities
to resolve an outstanding case prior to the federal prisoner completing his
federal sentence. The Federal Bureau of Prisons is required to transfer
a prisoner to the state authorities if there is an outstanding hold. The reality is
the state prosecutor isn't usually interested in resolving a case until the defendant
is in their jurisdiction. There are several possibilities. Your son can make a demand under
the interstate compact demanding he be brought to the state jurisdiction and
if the state does not respond timely the warrant can be dismissed. Also if you
engage the services of a local attorney in Blount County perhaps they can get
the prosecutor to agree to a dismissal prior to release from the federal facility.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
