in the Interstate Agreement of Detainer Act, article III states of a “request for final disposition.”

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Home » Ask a Lawyer » in the Interstate Agreement of Detainer Act, article III states of a “request for final disposition.”

in the Interstate Agreement of Detainer Act, article III states of a “request for final disposition.”

What is a “request for final disposition”?

Asked on June 27, 2009 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

The Agreement applies to transfers of sentenced prisoners for unrelated trials between two States, and to transfers from the Federal Government to the States, and from the States to the Federal Government. It does not apply to transfers of Federal prisoners between the several judicial districts for trial on Federal charges. See United States v. Stoner, 799 F.2d 1253

(9th Cir.), cert. denied, 479 U.S. 1021 (1986).

 

Article III of the Agreement permits a prisoner to initiate final disposition of any untried indictment, information, or complaint against him/her in another State on the basis of which a detainer has been lodged against him/her." 
I believe that this means that a prisoner can take it upon him/herself to start or initiate the process toward resolving an untried matter against him or her, rather than waiting for the prosecutors to do so, by making a request, in writing.  Make sure that the place of imprisonment is noted in the request and that the request is "delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction."  It appears that the requirements to be met are specific.  In order to make sure that it is done correctly I would consult a lawyer for help.  This is only an answer to that portion you requested someone to clarify.   

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