Trial in one State, Jailed in Another

Let’s say I’m locked up in Illinois through the end of the year. I’m also scheduled for trial in Missouri Nov 1st. How is something like this handled?

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Both states are covered by the Interstate Agreement on Detainers, a formalized agreement of how transfers of sentenced prisoners for unrelated trials between two states and between the federal government and states, are handled.

In brief overview, Missouri files a detainer against you, Illinois honors it and transfers you to Illinois to undergo trial, and then you’re shipped back to Illinois to finish your sentence. If the result of the Missouri trial is another incarceration, then a detainer noting that you have a sentence to serve in Missouri is filed in Illinois, and when they let you go, they send you to Illinois to begin serving your time there.

So, must the sentences in the separate states be served consecutively? Does the inter-state agreement allow for concurrent sentences when the convicted person in sentenced to prison in two different states?

At a Johnny Cash performance I attended, after singing Folsom Prison Blues, Mr. Cash remarked that a fan once asked him: If you killed a man in Reno, why are you doing time in Folsom?

Wow. I came to this thread to ask that very same question about the Reno shooting!

FWIW, there’s a Reno Junction in California.

Sure. If the second judge wishes, he can sentence the defendant to serve his sentence concurrent with the out of state sentence.

Yes, I’m sure an uninhabited railroad turnout is exactly what Cash wanted to reference.

It’s called being extradited.

You call TransCor, a company that specializes in transporting prisoners between states.


Extradition and the Interstate Agreement on Detainers are two different processes, separate from each other and each legally effective methods for obtaining an out-of-state defendant’s presence at trial.

It’s true that extradition between states exists, but today it is not often used to compel a sentenced defendant in the asylum state from appearing in the requesting state. Extradition typically comes into play when a fugitive from one state is found in another state, with the second state having no cause to arrest the fugitive beyond his status as a fugitive.

Law-nerd explanation for why the IAD is the right tool for this job if anyone is interested.

Well, if I was going to shoot someone to watch him die, that sounds like a great location to do it!

Thanks, Little Nemo - this is pretty cool!! I had never heard of this! :smiley: This will be fun to read!