January 31, 2005, 13:46
James BooherGetting an Inmate from Federal Custody
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
February 01, 2005, 08:57
Randal LeeWE 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.
February 01, 2005, 09:52
kyearyLook 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.
February 01, 2005, 10:14
Jeff SwainI'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.
February 26, 2010, 10:24
troy wdoes 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.