An interstate detainer agreement is an essential legal document that allows a state to extradite a person who has fled to another state to avoid prosecution or sentencing. The agreement is essentially a contract between two states that allows them to work together and bring the fugitive to justice.
The process of prosecuting a criminal who has crossed state lines can be confusing and arduous. However, the interstate detainer agreement makes this process easier by allowing law enforcement authorities to work together and coordinate their efforts.
The agreement is also known as the Interstate Agreement on Detainers (IAD) and was created by the National Conference of Commissioners on Uniform State Laws in 1970. The IAD is now adopted by all 50 states and the District of Columbia. The agreement sets out the procedures to be followed when one state seeks to extradite a suspected criminal from another state.
The main purpose of the interstate detainer agreement is to ensure that an individual who has been charged with a crime in one state and is found in another state is returned to the state where the crime was committed. Under this agreement, the person in custody is entitled to a speedy trial in the state where the charges were filed.
The process of invoking the IAD typically begins with a request to the prosecutor`s office in the state where the criminal charges were filed. The prosecutor`s office will then prepare a detainer, which is a legal document that requests custody of the person who is being detained in another state.
Once the detainer is filed, the state where the person is being held will have 30 days to decide whether to accept or reject the request. If the request is accepted, the state where the charges were filed will have 180 days to bring the person to trial.
It is important to note that the IAD only applies to individuals who have already been charged with a crime in one state and are found in another state. The agreement does not give law enforcement authorities the power to arrest someone who has not yet been charged with a crime.
Overall, the interstate detainer agreement is an important legal document that helps to streamline the process of extraditing suspected criminals from one state to another. By providing a clear and uniform procedure for invoking the agreement, it ensures that individuals are brought to justice in a timely and efficient manner.