state detainer on federal inmate without a case filed?

[missy72276]

What is the name of your state? nevada
my sons father has been in federal custody for a probation violation since october 2023. in november 2023 he was informaed there was a state detainer on him but he hasnt been given any other information about it. we have been on his federal lawyer to see what its about because its been 9 months, all she does is go online to see if there is a new case and hes supposed to be released at the end of this month and he wont be because he has this detainer that he has no information about and there are no new cases filed in court. I just want to know if there should be a case associated with it, if he has the right to know what its about and how to go about getting it squashed.

 

[adjusterjack]

He knows what he's done.

 

[quincy]

What is the name of your state? nevada
my sons father has been in federal custody for a probation violation since october 2023. in november 2023 he was informaed there was a state detainer on him but he hasnt been given any other information about it. we have been on his federal lawyer to see what its about because its been 9 months, all she does is go online to see if there is a new case and hes supposed to be released at the end of this month and he wont be because he has this detainer that he has no information about and there are no new cases filed in court. I just want to know if there should be a case associated with it, if he has the right to know what its about and how to go about getting it squashed.

So, if I understand you correctly, your son’s dad was convicted of a federal crime and was released on probation. He violated the terms of his probation and is now back in federal custody. Is that right?

How did he violate his probation?

One of the conditions of all probations is to not commit another crime during the probationary period. Did your son’s dad happen to violate his probation by committing a state crime (even a relatively minor one like getting a traffic ticket)?

 

[missy72276]

He was Jogging in jiordans and a cop didn't think jordans were shoes typically used for Jogging ( was literally the probable cause stated in the report as reasonable suspicion for stopping him) so he approached him and he stopped and instead of talking to him the first thing the cop did was try to grab him so he ran/?backed away from the cop because he had no reason to touch him at that point he didnt even know who he was or get his id.. because hes on probation his officer was contacted ame any interaction with police is a violation. He didn't get a new case or anything but it did cause the viollation

 

[quincy]

He was Jogging in jiordans and a cop didn't think jordans were shoes typically used for Jogging ( was literally the probable cause stated in the report as reasonable suspicion for stopping him) so he approached him and he stopped and instead of talking to him the first thing the cop did was try to grab him so he ran/?backed away from the cop because he had no reason to touch him at that point he didnt even know who he was or get his id.. because hes on probation his officer was contacted ame any interaction with police is a violation. He didn't get a new case or anything but it did cause the viollation

That sounds odd. Had a crime been committed in the area by someone fitting the description of your son’s dad or by someone said to be wearing similar Nike’s?

The police do not have to release information about an ongoing investigation but your son’s dad should have been informed of any charges pending against him. His attorney also should have that information.

Is it possible that your son’s dad knows far more about all of this than he is letting on to you? I think that might be the situation.

 

[missy72276]

If he does know more he can't tell me on the phone however he did send me paperwork on the detainer of the police report there was a picture of the suspect who has a facemask and its not him. The person looks similar to him but he has a different hairline and he's skinnier and he's wearing a suit. My son's father doesn't own a suit like that and he doesn't have a reason to wear one. His attorney said he hasn't heard anything on the detainer and he doubts he will because they have no obligation to tell him....that doesn't make sense to me since how can he effectively represent him if he's n9t allowed to know what's going on with his detainer.

 

[Taxing Matters]

Once his federal time is done, the federal prison cannot hold him long on the state's request. The state prosecutor has to make a choice: does the prosecutor have the probable cause for the state to arrest and hold him and if it does, is the state willing to send its officers to the federal prison to take custody of him? Like the saying goes, it's about time for the state to either fish or cut bait.

 

[quincy]

If he does know more he can't tell me on the phone however he did send me paperwork on the detainer of the police report there was a picture of the suspect who has a facemask and its not him. The person looks similar to him but he has a different hairline and he's skinnier and he's wearing a suit. My son's father doesn't own a suit like that and he doesn't have a reason to wear one. His attorney said he hasn't heard anything on the detainer and he doubts he will because they have no obligation to tell him....that doesn't make sense to me since how can he effectively represent him if he's n9t allowed to know what's going on with his detainer.

After his probation violation, is he now in prison serving out his original sentence? When is his expected release?