Legal Question in Criminal Law in New York

State Detainers

If you are sentenced to five years for a federal crime and then sentenced to two years state time and make the decision to serve all of the time in conjunction with your federal time they place a state detain order on you to insure that your state time is complete before your release, if this detain order is not lifted by the state then the federal system will not release you. If your detain order should have been lifted by a given date and it wasn't how do you go about finding out the necessary information to have it lifted or to find out why it's hasn't been lifted.


Asked on 11/23/05, 12:47 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: State Detainers

This is covered under 'corrections law'. Technically, it is anot a criminal law or criminal procedure question.

There are 2 ways to handle this problem: petition the court which sentenced you directly or petition the parole board as an administrative petition.

Good luck.

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Answered on 11/23/05, 3:55 pm


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