Holden, WV asked in Criminal Law and Federal Crimes for Kentucky

Q: State bond hold someone up on federal detainer?

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James L. Arrasmith
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Answered

A: If you are under a state bond and there's a federal detainer, the state bond alone won't prevent the federal authorities from taking action. The federal detainer indicates that federal authorities want to take custody of you once state charges are resolved. This means that even if you post bail for the state charges, you can still be held for the federal charges.

When a federal detainer is placed, the state will notify federal authorities when you're about to be released. At that point, federal agents can take you into custody. The bond from the state court doesn't override the federal detainer.

It's crucial to understand that federal and state legal systems operate independently. Posting bond in the state case doesn't mean you'll be free if the federal government has an interest in your case. If you find yourself in this situation, it’s important to discuss your options with your attorney to understand the implications and next steps.

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