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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my nephew while incarcerated filed a 180 day writ and although

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my nephew while incarcerated filed a 180 day writ and although there was a warrant for hime at the time which had ben filed a month prior to his writ the court and law inforcement did not pick him up and take to court over the warrrant they waited several months until he was to be released and then held him on the warrant where he is now incounty jail awaiting his due process is a warrant not an official hold as is a detainer and when he filed the 180 writ shoul he not have been aforded his right to speedy trial,this is his first ime incarcerated and at best he was corerced in making a buy for the undercover agent to begin with as he, himself did not possess and see the narcotics he mere was asked if he would know how to find it by the undercover agent and while vewry wrong he went and picked up the narcotic and returned with it and handed over to the agent, this happened with same agent on two occasions and same circumstance he was the go between. What are the rules for holds & 180
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.

Section 217.450.1 RSMo governs when a person has properly invoked his or her right to a trial within 180 days under the UMDDL. That section states:


1. A person confined in a department correctional facility may request a final disposition of any untried indictment, information or complaint pending in this state on the basis of which a detainer has been lodged against him while so imprisoned. The request shall be in writing addressed to the court in which the indictment, information or complaint is pending and to the prosecuting attorney charged with the duty of prosecuting it, and shall set forth the place of imprisonment.

2. The director shall promptly inform each offender in writing of the source and nature of any untried indictment, information or complain for which a detainer has been lodged against him of which the director has knowledge, and of his right to make a request for final disposition of such indictment, information or compliant on which the detainer is based.

3. Failure of the director to inform an offender, as required by this section, within one year after a detainer has been filed at the facility shall entitle him to a final dismissal of the indictment, information or complaint with prejudice.

A warrant would be an official hold. Missouri case law construes confined in a department correctional facility very literally, however. (See Michael Burgess, Appellant v. State of Missouri, Respondent.) If your nephew was in a county facility when he filed the 180-day writ he did not meet the requirements necessary to bring that writ. If however, he was in a state facility, if the statutory period ran by the time he was produced by the warrant, his lawyer can move to dismiss the charges against him on the grounds that the court would no longer have jurisdiction over him.

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15928
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and other Criminal Law Specialists are ready to help you
Expert:  Zoey_ JD replied 4 years ago.
One other thing I ought to have emphasized is that the warrant has to have been for an untried indictment, information or complaint" pending in this state. Missouri case law holds that the 180 day writ would not apply to a warrant for a violation of probation, since the case itself has already resulted in a conviction and thus is not an untried indictment, an information or a complaint.

You did not specify the nature of the warrant, so I don't know whether this applies to your nephew's matter or not.

Good luck!

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