Defendant has pending misdemeanor in our county. He is in Fed lock up in Big Springs,TX. Release date in 4 mos 10days. (130 days). Just received his papers for dispo under interstate detainer act.

Anybody deal with these enough to help. His release date is in less than the 180 days we have to get him to trial. Can we just wait and get him when he is done there, or do we have to request temp custody of him within a certain time period? Have been researching and can't find answer yet.

Thanks

raythomas@co.potter.tx.us

Check out CCP Art. 51.14, which is the Interstate Agreement on Detainers Act and its annotations. I am not certain that the Act applies when the defendant is in prison in the same state. Additionally, I think you can wait until the defendant is released as long as the defendant is brought to trial within the statutory time period.

You can call the Extradition Division at the Governor's Office and get them to email a whole notebook full of forms,etc on extraditions and detainers. I believe Sylvia is the contact person (but that may have changed).

Whenever I have a detainer question now, I peruse that notebook and the CCP together. The detainer section tells you which forms to use when the defendant requests disposition and what to do when the prosecutor wants to initiate disposition.