Defendant is facing F1 Arson charges in my county and another county for setting house fires at the homes of his ex-wife and ex-mother-in-law. Suppression today. Trial starts in one week. After Defendant spent 10 months in our jail, defense counsel goes on his bond last Friday, triggering other county’s detainer. Defendant will be present today for suppression, but should ship to the other county prior to trial. What is the best way to ensure Defendant’s presence for trial next Tuesday? Is there a lawful way to prevent him from shipping? Obviously, I don’t want to unlawfully imprison a serial arsonist. He has rights! Or is it best to have a bench warrant signed now so that Defendant can turn right around and ship back for trial?

No bond has been set in the other county, so Defendant could potentially bond our there also.

A couple of thoughts - (1) see if the other county will put a hold on their detainer, so that defendant will not have to be held there; (2) see if the other county will do a PR bond for the defendant (assuming the defendant would actually sign it); or (3) go ahead and have your bench warrant ready - and talk to the DA in the other county so they know what is going on. As a practical matter, if the defendant fails to appear for trial, get a judgment nisi and proceed to forfeit the bond (if the defendant is not actually in custody in the other county).

Do I understand that he's bonded on your charge, but not the other counties? If so, even though he's physically located in your county jail, he's already "in custody" of county B. Have a bench warrant issued for TODAY'S suppression hearing through next weeks trial, officially transferring his custody BACK to your jail. Then have your jail hold him for the next hearing.

thanks for the thoughts.

Brody -- that's correct, he's currently in OUR jail on the other county's charge. benching him here for TODAY is shrewd - I like it. but will i be creating an issue due to the fact that he hasn't been magistrated on the other county's charge and no bond has been set?

You might also point out to the Def's attorney that by going on the Def's bond, he is depriving the Defendant of earning any time credits on the pending case since he is not actually in custody on that charge. I'd get the bench warrant for the time period beginning with the suppression and continuing through the anticipated date of completion of the trial.