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About Robin Sexton
Expertise
Questions dealing with Police and investigative procedures, criminal investigation for all classifications of crimes, Interview and interrogation techniques, crime scene procedure. Police techniques and procedures. Can not answer specific questions about specific cases.

Experience
Member of the Michigan State Police for over 30 years. over 20 years as a Detective. Conducted numerus investigations from Homicide to dog bite. Internal investigations. Investigations in prison enviorment.Majority of career has been spent in rural areas of Michigan

Education/Credentials
Bachelor of Science degree. Long list of professinoal training schools

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > Hold on an inmate

Topic: Criminal Law



Expert: Robin Sexton
Date: 5/11/2008
Subject: Hold on an inmate

Question
QUESTION: My boyfriend was sentenced in Minnesota and Michigan, Michigan ran his time concurrent with Minnesota, and he is serving his time in Minnesota, but Michigan has a hold on him that is preventing him from being allowed into minimum security or qualify for work release. We are wondering why they have the hold on him, and is there a way to get it off so he can go on work release. What is a "hold" actually mean, and how can I go about finding out why it is in place? Also what are the chances they will come and get him because MN has good time and he will be out on parole before his whole sentence is complete in Michigan because they are on a parole system.

ANSWER: Mariah,

A "hold"  is also called a detainer.  I would suspect that even though his time is running concurrent his sentence in Michigan may be longer.  I would suspect that once his time is done in Minnesota he will still owe time in Michigan.  That would probably prevent him from participating in a work release.  He should be able to get the information from his file as to what the problem is as to minimum security.  It could be since he has a hold on him that would prevent him from qualifying for minimum. Same as being convicted of certain crimes prevents you from going to minimum.  Truthfully with out reviewing his file i can't be more definitive.

Sorry I can't be more clear.


Robin

---------- FOLLOW-UP ----------

QUESTION: His sentence in Minnesota was 7 years, and he should get out next year on good time, and his sentence in Michigan was 7-40 years, I'm thinking Michigan does it that way because of the parole vs. good time served? This detainer is preventing him from doing anything as his "points" are too high because of it, and thats the reason he cant go to minimum. What are the chances that Michigan will come and get him, and will we be notified that they intend to get him or on his release day could they really be waiting to transport him? Also is there a chance that Michigan would drop the detainer? Is there always a detainer throughout the whole sentence if an inmate is serving concurrent time with more than one state?

ANSWER: Mariah,

Correct, Michigan is a parole state your boyfriend would need to do the minimum at which time he is eligible for parole.  His record is reviewed for parole release.  Obviously his sentence in Michigan is obstructing  his minimum chances in Minnesota.  I really can't say what his chances are, I would suspect that Michigan would require the 7 years.  This information should be in his file but the final decision will probably not be determined till about 30-60 days before his sentence is up in Minnesota.  The detainer stays in the file until the requesting state drops it or it is satisfied.

Sorry I know these are not the answers you were hoping for.

Good Luck

Robin

---------- FOLLOW-UP ----------

QUESTION: Michigan placed a hold on him on November 1st 2004 and Michigan came to get him June 26, 2005. They are only giving him credit as of June 26, and we think he should have credit as on November 1st. Is that correct, and if so how do I go about requesting that his credit is given? When he went to Michigan they knew his sentence in Minnesota, would a parole state, like Michigan be satisfied with his 5 years in prison and then two years on parole, or do they generally like the whole time to be done in prison? We are just trying to figure out the likelihood of him having to go to Michigan. Thank you so much for your answers Robin.

Answer
Mariah,

They keep altering the computations and without reading through all the reports and court rulings and dates it is difficult.  My best guess and that is all i can give at this point.  If he was given a 7 year minimum in Michigan then they would expect a 7 year prison term.  Before he would even qualify for parole.  That is one of the reasons Michigan has such a high prison populations.  Trying to get an accurate computation normally takes one of the records specialist at one of the Michigan Prisons and even they can have difficulties. If there is a question about when concurrent time or time served should be allocated it sometimes has to reviewed by a judge.


Good Luck, I know it is confusing and disheartening

Robin

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