View Full Version : Does Pending Charges affect your Release Date?
05-16-2004, 06:56 PM
My husband is in FCI Butner Low and has had pending arrest warrants for some Worthless Check charges since 1997 and 1999.....they are more than 5 years old and he has never been served with the warrants and I called each county sheriff and District Attorney and they said they have no intention of detaining my husband upon his release but will NOT dismiss or drop the arrest warrants...basically they said that if he doesnt move back to the state he he wrote the bad checks in, they will not come after him and arrest him....but they refuse to drop the charges....the warden of his prison says that they will keep him PAST his releast date as long as it takes for those worthless check charges to be dropped.....
So what do I do? I do not have the money to pay off the checks or to pay a lawyer to get them dropped...they wont drop them, knowing he wont come back to the state he wrote them in...and the BOP wont let him come home to me...what should I do? Can they really hold him past his release date for 7 year old charges that will never amount to anything?
His release date is scheduled for November 2005....
Anyone else heard of being held past your release date in a federal prison?
05-16-2004, 09:48 PM
Yes, Sarah, I have seen that happen several times. The people that I know that faced this were transferred to the local county jail upon their release from federal prison. What happens from there I do not know. There are some qualified people here that I am sure can point you in the right direction as to how to get this resolved. Good luck to you.
05-17-2004, 06:14 AM
Not to contradict cjjack, but here is how it all works.
First, the BOP cannot legally hold anyone past their release date unless a detainer has been filed. IF there is no detainer filed then that person MUST be released on his projected release date. In cases where a detainer has been filed, then it is allowable for an inmate to be detained until the agency who placed the detainer can pick up the inmate. In most cases, the BOP strongly pushes the detaining agency to hurry up and get the inmate. Now, once the inmate has been turned over to the other agents, the BOP is through with him. He is no longer a federal inmate. Please keep in mind that for any inmate to be held past his release date their must be a detainer on file.
Now in your case (sarahtoga) if the warden is making any claims as you describe, then he is just blowing smoke. He cannot hold the inmate past his release date without a detainer on file. -Period- Now what he can do, and will do, is deny any and all furloughs, as well as halfway house, until the unresolved (pending) charges are cleared up. That is the extent of his authority. Anything else would open himself up to a lawsuit that he couldn't defend.
"....the warden of his prison says that they will keep him PAST his releast date as long as it takes for those worthless check charges to be dropped....."
This is not going to happen. The Warden cannot do this. To hold him past his release date, there must be a detainer on file. And, with a detainer on file, they will only hold him for a short period of time. (Unless the charges are federal and then they can hold him until the case is heard and/or a bond is granted).
Sorry for all of the headaches.
05-17-2004, 08:23 AM
Greyghost, what if there are pending charges that have been unresolved? We were told by Records in Bryan that if we had any pending charges, including speeding tickets, that we needed to have them taken care of before release or else they would transfer us to the county jail where we could be held for up to 10 business days while they waited to see if we were picked up by whatever agency that had filed the charges.
Can you clarify this? I am talking about pending charges where a detainer has not been filed.
05-17-2004, 09:36 PM
He will be released from the federal sentence when it ends. Whether he is released to another jurisdiction is outside the control of the Bureau. If there is an actual detainer on file - not just a detainer action letter - the other jurisdiction will be notified and they are responsible for obtaining custody.
05-17-2004, 09:44 PM
Ok, Howard, let me tell you what happend to me and maybe you can shed some light on this. I had a misdemeanor charge that I had already gone to court for. I had actually gone to court for this while I was awaiting federal sentencing. When I arrived in Lex they sent out a detainer action letter because they did not have final disposition on this even though it had already been taken care of. I never heard another word about it until right before my release fom Bryan. The records department in Bryan told me that no detainer was filed but that they would not release me until they had something from the court proving that this had been taken care of. I got the records from the county court showing final disposition of the charge. This was not good enough for Records. Because I owed a fine that I had not paid to the local court (how could I? I was in federal prison) I was told that this would also hinder my release until I had another document from the court stating that I could pay my fines after my release. The records dept. exact words- YOU WILL NOT BE RELEASED UNTIL THIS MATTER IS TAKEN CARE OF. Could they have actually held me?
05-18-2004, 08:30 AM
No, they could not have held you.
If they did, what would be their 'legal' justification? None, they wouldn't have one. So, if Bryan is doing this, or was, then they are wrong, they are lying. Plain and simple. The only way that the BOP will hold you, and keep in mind that the BOP does not want to hold anyone past their release date, is if a DETAINER IS ON FILE. If a detainer is on file, then what happens is that the BOP will hold you until the agency that filed the detainer picks you up. In all of the institutions that I worked, we held NO ONE past their release date. If an agency that filed a detainer did not make arraingements to take custody of the inmate ON HIS RELEASE DATE, then we let the inmate go. In all the years that I have worked for the BOP, I know of one case where an inmate was held of 1 day past his release date because the detaining agency had weather problems and couldn't make it in on the release date.
The BOP cannot hold any inmate for pending or unresolved charges. And trust me, they never will. I don't care what someone might be saying, they wont do it. They have no legal justification to do so.
In your case cjjack, they were just spinning you around, causing you heart ache. They were wrong in what they did.
05-18-2004, 08:39 AM
What if there are pending charges that have been unresolved? We were told by Records in Bryan that if we had any pending charges, including speeding tickets, that we needed to have them taken care of before release
In order to go to halfway house, home confinement, or on a furlough, then they must be resolved. But not for release. It would be nice to have them resolved, but just because they aren't, it doesn't mean you can detaine someone for it.
or else they would transfer us to the county jail where we could be held for up to 10 business days while they waited to see if we were picked up by whatever agency that had filed the charges.
BS- I know of no county jail that is going to accept any inmate from federal prison on the basis that there is some 'unresolved' charge floating around out there. Heck, most county jails don't even want to take a federal inmate (to hold for another jurisdiction) when there is an actual detainer on file.
And this 10 day thing??? I don't think that the BOP could should you anything in policy, nor statute to support it. It's nonsense.
And just to add one more thing, in all the years of me working for the BOP, I have yet to see anyone come and pick up an inmate simply because of a speeding/traffic ticket. Why bother. Just suspend the license and let the inmate worry about it. On many many occasions the state will simply state that they will not file a detainer, they will not drop the charges but to just tell the inmate to report to them once he is released. I've also had many to just never respond to any inquiry that the BOP made. So, what does the BOP do? Hold the inmate until someone does something??? NOT, I would never do that, nor allow anyone working around me, under me do that. It just cannot be supported.
05-18-2004, 09:43 AM
Thank you once again greyghost!!
Apparently these were just threats that were made. That really makes me angry!