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Can state and federal time run concurrently?

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

Posted

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 should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Posted

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.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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Posted

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 Federal courts nationwide. Argued at the United States Supreme Court,

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Posted

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 a free consultation with Carlo to discuss hiring him to represent you, visit www.dangelolegal.com.

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Posted

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. § 3584(a), it is is not addressed, they will often run consecutively.

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