How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111527
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

If a offender flatime his maximum sentence with a detainer

Customer Question

If a offender flatime his maximum sentence with a detainer can mdoc hold him an extra 48 hours
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is the reason he is being held on detainer?
Customer: replied 4 months ago.
Introduce contraband into facility
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
Unfortunately, if there is a detainer on him for the new charge for bringing contraband into the facility, they can hold him beyond his release date for processing out. Courts consider 48-72 hours to be a minimal time over a sentence to allow for processing to get the inmate out and if there is a detainer on the inmate, they can even be held longer beyond their sentence and are entitled to seek bond on the new charges.
So, yes, they can be held beyond their release date in these types of circumstances.
Customer: replied 4 months ago.
Even on flat time sentence on mandatory time of 20 years
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
IF there was a detainer entered for something and he needed to be processed out, a 48 hour delay is not considered a violation.
Customer: replied 4 months ago.
if the requesting holding agent do come and pick him up from another facility within the 48 hour time frame then what
Customer: replied 4 months ago.
Im sorry, tried to say do not come
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
If the agency with the detainer does not make arrangements to pick him up, he should be released.