Custody of who? Act violated?

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Old Nov 2nd, 2006, 09:28 PM   #1
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Smile Custody of who? Act violated?

While on supervised release, got arrested, posted bail, went home, Judge revokes bail and issues no bail warrant, went back to jail, Judge reinstates bail noting there is now a Federal Hold on inmate and cannot leave, From
9-11 thru 9-19 only thing holding inmate is Federal hold, inmate goes back to state court, Judge re-revokes bail. Inmate currently still in jail. Has the Interstate agreement on Detainers been violated? Who holds primary custody of the inmate? State or Federal? Is there a statue or somewhere I can find documentation of this custody issue? Please advise I need your help. Thank you for your understanding and attention. Respectfully Unregistered
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Old Nov 3rd, 2006, 08:22 PM   #2
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Default Re: Custody of who? Act violated?

You may want to track down the US Attorney's office or other office with responsibility for the Federal case and ask them what is happening as a first step. If that does not resolve it, let WLD attorneys know and they will intervene.
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Old Nov 4th, 2006, 06:03 AM   #3
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Smile Re: Custody of who? Act violated?

I contacted the Federal Marshals,they dont want to acknowledge him until he is finished with the state. He has already been to court on the state. Isnt that considered "finished with state"? The State Judge, the jail, and the marshals, contend that he is still in State custody.

He contends that the State relinquished primary custody of him. Via bail, and since from 9-11-06 thru 9-19-06, the only thing holding him in jail was a Federal Detainer, he is now in primary custody of the US Marshals.

He also contends that the state violated the "Interstate Agreement on Detainers Act" (IADA),because they continued to take him to State court without filing a writ with the Feds.

Note: the marshals, the Jail, and the State Judge, claim he is in State custody. He claims that, posting bail with the state, relinquished his custody to the Feds, due to the Federal Detainer being lodged, by the Feds.

Who is correct in this matter? Are there any statutes, case laws, or references, that would confirm this? Is there anything that can be done to encourage his transportation to Federal Court?

I respectfully accept any information or guidance you share with me. Thank you for your understanding and cooperation, it is appreciated immensely.
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