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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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Is there a legal remedy to request that a prisoner on inteterstate

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Is there a legal remedy to request that a prisoner on inteterstate compact to receive total legal jurisdiction of the receiving state?
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Unfortunately, no. The interstate compact only allows for supervision by another state. Jurisdiction over probation revocation always stays with the court that granted the probation.
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Customer: replied 3 years ago.

The court that has initial jurisdiction cannot legally give prisoner to another out of state courts jurisdiction even if receiving state agrees?

No, there would have to be a statutory provision allowing for this type of transfer of jurisdiction, and there is not. That's because it would create many problems for the courts. Which state's law would the court in the receiving state follow? If they go with the sending state's laws, how are they going to keep straight the laws of all 50 states? They can't really follow their own laws because the sentence the person received in the sending state may not even be a valid sentence in the receiving state. It seems simple, but it would not be.

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