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    nc6784's Avatar
    nc6784 Posts: 2, Reputation: 1
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    #1

    Jun 26, 2009, 12:32 PM
    Constitional rights
    Okay my husband in jail in jail on one charge, okay been to court got sentence,but he got another charge in another county but they told the officers they not coming to get him they gone put a detainer on him when he make it to mdoc. Okay how long a county can have a detainer on u before it violate his constitional rights. He afraid they gone let him serve his 4yrs then pick him up and resentence him can they do that
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 26, 2009, 12:43 PM

    If it is two different charges in two different county's then they should pick him up from the county once his sentence there is served. You are saying they didn't want to do that though. Has he tried calling that county to find out where things stand?
    nc6784's Avatar
    nc6784 Posts: 2, Reputation: 1
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    #3

    Jun 27, 2009, 08:29 PM
    Quote Originally Posted by N0help4u View Post
    If it is two different charges in two different county's then they should pick him up from the county once his sentence there is served. You are saying they didn't want to do that though. Has he tried calling that county to find out where things stand?
    Yes we have .
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 27, 2009, 09:42 PM

    Once he is charged, the SOL stops ( warrant issued)
    If he is in court pending a court case or sentencing on one charge it is common to have a detainer put on you till you finish that case. Then once you are sentenced you wll be taken to the other county to be tried there.

    If the courts are very close his attorney can ask for the case to be heard sooner.

    This is not a violation of any rights, in fact trying to make him be in two courts at the same time could actually be the vioation
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