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Can an inmate be moved from the county jail to Federal prison if they have not been charged with anything or sentenced?

Miami, FL |

There has been no charges filled against the inmate but they were recently moved from the local county jail to a Federal Prison, is this legal?

Attorney Answers 5


  1. Prisoner placement is determined by the local authority. It can be based on over crowding and economic concerns. It is " legal" if the prison authority sanctions it. Many other factors must be considered to answer your question with an answer it deserves.

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: www.waaltd.com Email: rwigell@waaltd.com Available - 24/7 Office (708)481-4800 Cell. (708)218-0923


  2. I agree with Mr. Wigell. Federal and state facilities often share space, and federal inmates may spend time in state facilities and vice versa.

    I am a CA attorney and this is just meant to get you started in looking for the right lawyer! This is not legal advice. No Attorney/Client relationship has been formed. I may or may not be licensed in your jurisdiction. Please consult an attorney licensed in your jurisdiction for state specific advice.


  3. Yes.

    Tel. 617.221.3030 (lawyer of Worcester, Quincy of Massachusetts and New York) www.severowang.com If you find the attorneys' answers are helpful, please thank the attorneys by marking their answers "helpful" or "best answers" so that they can get their credit from AVVO. The attorneys donate their time on AVVO to answer legal questions for free merely contribute their legal advice and do not create any legal representation relationships.


  4. ICE?
    Terrorism?
    Feds give time credit for "in federal custody", and if the ultimate dispositon will turn federal, this could enable earning of federal time, assuming the inmate is not able to achieve a "not guilty" verdict.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.


  5. As mentioned, yes. This is a space concern. It could be over a security concern.

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