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

Asked about 1 year ago - 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. Steven Andrew Brody

    Contributor Level 11

    6

    Lawyers agree

    Answered . 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... more
  2. Raymond George Wigell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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... more
  3. Jennifer Wang

    Contributor Level 13

    5

    Lawyers agree

    Answered . Yes.

    Tel. 617.221.3030 (lawyer of Worcester, Quincy of Massachusetts and New York) www.severowang.com If you find the... more
  4. Curtis Lamar Harrington Jr

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  5. Stephen F Wallace

    Contributor Level 19

    2

    Lawyers agree

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

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