Asked in Criminal Law for Tennessee

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.

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1 Lawyer Answer

Lawrence James Arnkoff

Answered
  • Criminal Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

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.

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