Legal Question in Criminal Law in Tennessee

My husband has been in Federal Custody for 2 months since he has got a capias warrant issued in Tennessee state court for not being in court due to being in Federal Custody. The Feds have agreed for him to go to rehab although they can not transport him to rehab due to the State warrant. They will not release him to the State and the State Judge will not drop the warrant till he is in court how do I get warrant lifted or the feds to release him?

Asked on 1/09/20, 3:36 am

1 Answer from Attorneys

If your husband is in federal custody then any release and any actions to have him released -- whether on furlough or otherwise -- must be signed by the federal court.

So the person who must initiate action is his FEDERAL case attorney.

No state judge has the authority of order the release of a federal inmate.

If he has an attorney on his Tennessee charges, that attorney may be able to file a petition in state court asking the state court

to life the failure to appear detainer / warrant / capias if it appears that the Defendant truly could not appear in state court because he was in federal custody.

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Answered on 1/09/20, 10:27 am

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