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  #1  
Old 07-25-2006, 04:46 PM
cryingmom cryingmom is offline
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Default Detainer/hold in prison

My son is in a calif prison. His scheduled release date is Sept. 2, 2006. He has another felony, I believe drug charge, in Oregon from 2004. We just found out that Oregon has a detainer/hold on him. What does this mean?
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Old 07-25-2006, 08:11 PM
Lauramw71 Lauramw71 is offline
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Well that usually means that Oregon will possibly extradite him to face the charges there. My boyfriend is in IL with a hold from Florida. He is free in IL but is waiting for extradition to FL. A hold means that California will not be able to release him. He'll either have an extradition hearing, or he'll sign papers to waive the extradition. In my opinion, signing the papers is the easiest and quickest route. Fighting the extradition usually just results in longer waits since they usually wind up getting sent back. Not sure how the law is there, but my Florida has 10 business days to pick him up from IL after he signed the papers. Now they can get an extension which will give them i believe another 15 business days. Not sure how that works in your state tho. It's going to basically depend on how bad Oregon wants him and if they're willing to pay the $$ to extradite him.
Good luck! I know the confusion you're feeling. Im playing the waiting game myself!
Laura
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Old 07-26-2006, 01:50 PM
Gryphon Gryphon is offline
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It also means that in CA he needs to file a Penal Code section 1389 demand for speedy trial in another state (assuming it applies.) Otherwise, the other state doesn't have to act on the hold until he's released on CA parole. The institution that's housing him should be able to help him file the demand.
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Old 07-26-2006, 03:49 PM
cryingmom cryingmom is offline
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Gryphon,
Is it too late to file the 1389? He gets out Sept.2, 2006. What does a 1389 do?
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Old 07-26-2006, 04:29 PM
Gryphon Gryphon is offline
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In CA, P.C. section 1389 controls interstate transport on detainers. (P.C. section 1381 cover intrastate transport).
It couldn't hurt to do it. If they aren't going to transport; it'd be a shame to find that out after he was done with his CA time and hanging around in custody for a week or 2.
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Old 07-27-2006, 12:04 AM
cryingmom cryingmom is offline
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Gryphon
My son saw his counselor today and was told that Oregon would tell him by August 28th if they were going to pick him up or not. If Oregon says they will pick him up they have 5 days to do it after that the prison will release him. Oregon may just give him a court date to appear instead of picking him up. Does that sound right?
I guess I'm still confused about the 1381. Isn't this where they have to give him a speedy trial and isn't it within 180 days. Don't you think they will give him a court date before that?
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Old 07-28-2006, 11:04 AM
Gryphon Gryphon is offline
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Quote:
Originally Posted by cryingmom
Gryphon
My son saw his counselor today and was told that Oregon would tell him by August 28th if they were going to pick him up or not. If Oregon says they will pick him up they have 5 days to do it after that the prison will release him. Oregon may just give him a court date to appear instead of picking him up. Does that sound right?
I guess I'm still confused about the 1381. Isn't this where they have to give him a speedy trial and isn't it within 180 days. Don't you think they will give him a court date before that?
Thanks
1381 is indeed about the right to speedy trial. (That means violations of probation may be in a different catagory since there's no right to a jury trial. It gets a little complicated.) 1381 only applies to situations within diffferent CA counties.
1389 has to with speedy trial rights when a CA inmate has troubles outside CA.
As for timing of how long the process can take there are many many variables. For instance, the clock doesn't even begin to tick until the DA recieves and date stamps a perfectly prepared damand under 1381 and 1385. Technical errors mean it might as well have never been attempted. However, sometimes there are even exceptions to that trueism (where it can be proven that the DA recieved the correct paperwork, even though they deny recieving it.) However, if everything is done correctly under 1389, the DA has 180 days from reciept of the paperwork to get the case to trial. There are exceptions (including problems with trial competency; and certain due process issues that can cause a delay, including continuances brought be defense counsel over the inmate's objection).
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