Legal Question in Criminal Law in Georgia

Release Date

I have a friend that was arrested in Georgia. Currently serving time. I think for armed robbery. When he was arrested, he was still on probation in Louisiana. Recently he was told that he would be released on Sept 1st. But the state of Louisiana has to come pick him up. Can the state of Georgia hold him until this happens?


Asked on 10/18/05, 8:03 pm

2 Answers from Attorneys

Hardy Parkerson Retired Attorney; now Law Professor

Re: Release Date

Dear LawGuru Friend,

This situation has to do with what is called the Interstate Compact on Detainers. We lawyers don't know everything, but I assume that the so-called Interstate Compact on Detainers is a state law that various states have adopted ageeing to cooperate with each other in holding people who are arrested and/or detained in one state who are wanted for some reason in another state. The best advice I can give you is to go to the Louisiana Legislature's website, by using GOOGLE, and looking that web-site over until you find Louisiana laws, and then search the Louisiana Revised Statues for just that: Interstate Compact on Detainers. I have heard that once the prisoner is no longer being legally held in one state, that the state which is releasing him can continue to hold that prisoner for up to thirty days to allow the other state to come get him; but after that time they are obligated to release him. But, I certainly am no expert on such matters. My clients don't get convicted, so I know little about what happens to defendants after they finish serving time in Louisiana. (Humor intended!) Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 10/18/05, 9:30 pm
Andrew Casanave Andrew M. Casanave

Re: Release Date

Quite simply, yes.

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Answered on 10/18/05, 9:57 pm


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