Legal Question in Criminal Law in Arizona
the person in question was on federal probation when the caught a state charge. They are currently serving time in a state prison in AZ. However do to them having the Federal detainer they are ineligible for good time. So in order to shorten the amount of time they need to do in state they have to get the federal detainer removed. The only way to do that is if the Feds pick them up and take them into custody. Then they would go to court receive a judgment and go back to state custody. What kind of writ, filing, etc needs to be filed in order to get the feds to pick them up.
1 Answer from Attorneys
Unfortunately, from a practical stand point there is not much that can be done. In my view, federal district courts should grant state inmates� requests for writs so they can resolve pending federal matters, especially in circumstances as you describe. However, despite my view and prior attempts on my part, the district courts either do not agree or they refuse to issue writs when requested by a defendant, as opposed to requests by the government. If you, or the person on whose behalf you are writing, has a lawyer in the federal matter, you should consult him/her. The attorney could file the request seeking the writ and see what happens; what to lose? If you have further questions or want to consult further, don't hesitate to contact me directly.
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