If you’re facing Federal prison, one of the most important things you can do before you get to Federal prison is take care of all of your other legal issues. If your loved one is in the county jail awaiting sentencing you want to make sure all of their other legal issues have been handled
What do you mean “other legal issues”?
Suppose you or your loved one has had another case that has been dismissed or nolle prossed, you want to make sure that’s exactly what it says in the court record. This can be achieved by calling and verifying that information with the court clerk at the court where that action took place.
If for some reason the issue has been resolved but it’s not showing with the clerk than you want to take the steps to have that taken care of. One way you can find out is when the Pre-Sentence Report or PSR comes back. Look at the criminal history section and see if there are any open cases.
If there’s an open case on the PSR that has been resolved it’s imperative that this information be updated. You or your loved one will not be able to go to a camp (if you have camp points) if there is an outstanding warrant or detainer. In the same vane you or your loved one will not be able to go to halfway house with an open detainer.
Now in 2023 a new policy memo was released in the BOP saying that inmates with detainers could be sent to halfway house, however they would run the risk of being detained and at that point the federal sentence would be stopped or interrupted.
If there is still an open case that hasn’t been resolved and a detainer is put in place there is something called the Interstate Agreement on Detainer’s Act (IAADA) that can be utilized to ask the court with the pending charge to pick the inmate up and have it taken care of within a certain time. If the other state does not take custody of the inmate within the allotted time the charge may be dismissed.
It’s best if you or your loved one knows about these issues before their BOP case manager accidentally acts on outdated information.
If you have questions or need a Federal Prison Consultant please email info@federalprisontips.com or call (407)735-6995
