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.