Can state and federal time run concurrently?

Asked over 1 year ago - Paris, TX

My boyfriend just received 5 years state time; now they're adding a federal case against him can they be ran concurrently

Attorney answers (5)

  1. Katherine Ellen Shipman

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . It is possible, if the Bureau of Prisons designates the state penal institution as the place where the federal sentence will be served. Read this memo from the Bureau of Prisons: http://www.bop.gov/news/ifss.pdf. Your boyfriend should spend a significant amount of time with his federal attorney discussing the realities of computing time in the State and Federal systems, and ask him, specifically how the two systems interact.

    Katherine Shipman's response to your question is for general information purposes only. Nothing in this response... more
  2. Richard Timothy Jones

    Contributor Level 17

    4

    Lawyers agree

    Answered . Generally federal time is added at the end of a state sentence. If sentenced by the Feds first then the state time could run concurrently.
    Austin Jail Release and Bond Assistance
    www.austincriminaldefenseattorney.com
    512-495-1813
    Austin Federal Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Carlo D'Angelo

    Pro

    Contributor Level 4

    4

    Lawyers agree

    Answered . It depends. If he's in custody, then it depends who has primary custody of him. If he was brought over from state custody on a federal writ for prosecution, then he's still in state custody and may serve all of his state time before he ever begins his fed time. If that's the case, he will need to request at sentencing that his state facility be designated as the place where he will serve his federal sentence.

    Mr. D'Angelo's answers to these questions do not create an attorney-client relationship. If you'd like to schedule... more
  4. Mary Catherine Bonner

    Contributor Level 7

    4

    Lawyers agree

    Answered . Yes they can run concurrently but often do not. This seems. Like a simple yes or no but it is quite complex and depends on which soverign sentences first and the relationship between the underlying the charges. This is the perfect time to have a lawyer with a depth of experience in both courts

    Good luck

    of course, you and i are not forming an attorney client relationship. Representation in Florida Courts and... more
  5. Douglas A. A'Hern

    Contributor Level 6

    2

    Lawyers agree

    Answered . It depends upon who arrested him first. Generally, the sentence imposed by the court who has primary jurisdiction, (in his case, it sound like the the state) is served first. It has to be spelled out in the sentence. Be aware that under 18 U.S.C. ยง 3584(a), it is is not addressed, they will often run consecutively.

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