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Does anyone have any experience in getting a Defendant out of Federal (in this case INS) custody back to State Court to answer State charges? I'm told I need to file Writ of Habeas Corpus Ad Prosequendum to do this. Does anyone out there have a form or information regarding what is required in this writ. Thanks.

You can reach me by e-mail at jbooher@co.hays.tx.us
 
Posts: 17 | Location: Austin, TX U.S.A. | Registered: February 07, 2003Reply With QuoteReport This Post
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WE did one I beleive we called the federal pen that the def. was located. They told us step by step what to do. You almost have to sign a blood oath but it is really not complicated.
 
Posts: 106 | Registered: January 29, 2003Reply With QuoteReport This Post
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Look at the Interstate Agreement on Detainers: Art. 51.14 of the Texas Code of Criminal Procedure. It's a long article, but I'm pretty sure it provides for getting defendant's to Texas from federal custody as well as from other states.
 
Posts: 72 | Location: San Antonio, Texas, USA | Registered: December 13, 2004Reply With QuoteReport This Post
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I'll email you the forms necessary. You need a writ and a 10-point letter. Make sure to contact them a week or so in advance to line up your transportation.
 
Posts: 280 | Location: Weatherford, Texas | Registered: March 25, 2002Reply With QuoteReport This Post
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does anyone still have the forms necessary to get an inmate from federal custody? My defendant is serving 24 months in a federal prison, but I've got a first degree felony poss of meth case pending against him.
 
Posts: 52 | Location: meridian, texas | Registered: March 05, 2009Reply With QuoteReport This Post
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