Legal Question in Criminal Law in Florida

My husband is serving time in Federal and he had a detainer placed on him in a

county court in Florida. His attorney requested transport from feds to county

in march 2014 as of today's date he has not been transported. Have had several

notices to appear over the past 5-6 months, the Prosecutor has been having a

difficult time filing the transfer. Just this August the Judge signed a writ

for transport. I was told my husband has to file a IADA form from the

institution himself, is this proper? Secondly from what date does him speedy

trial rights start from the initial notice for transport or when the Capias is

placed? Is this in violation of his 180 days? Also what is the 30 day notice

that he can file in reference to his being transported? Please help need

answers. Thank you"


Asked on 8/24/14, 6:01 am

2 Answers from Attorneys
Kendall Horween Kendall L. Horween, P.A.

Sadly, your husband is stuck in the system where the Feds are allowed to ignore a State's request for a prisoner. He wont be able to discharge the case on speedy trial grounds because the hang up is not do to a failing by the state of Florida. Usually prosecutors will appreciate the situation and give hime credit for time in negotiations though. Ultimately, there could be a notice of expiration of speedy trial filed, but the state will have 15 days to bring him to trial after that. Maybe in the meantime the State's case will get weaker as it ages.

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Answered on 8/24/14, 6:59 am
Joseph Justice The Justice Law Firm

The feds get to play by their own rules as far as releasing prisoners. It can be accomplished, but usually the only entity that will be able to get them transported is the prosecutor (after jumping through a number of hoops). Someone does need to contact the institution, because they will have very specific requirements to acknowledge a transport request, and they will simply reject one that does not comply with their requirements even if it is from a Judge.

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Answered on 8/24/14, 7:48 am


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