What do you need to do to get federal and state charges ran concurrent in the state of florida while already in custody?

Asked 9 months ago - Bradenton, FL

My friend was charged with conspiracy charges and sentenced to five years while in federal custody he was brought up on local state charges that he has yet to face. He has signed the paperwork to be picked up by the state to face these charges, but has yet to be picked up. How long does the state have to pick him up to face these charges and what are the odds and how can the two sentences be ran concurrent when this happens?

Attorney answers (8)

  1. Robert Jason De Groot

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    Contributor Level 20

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    Answered . If the two charges are related, then you need to hire an attorney and try to make it so that the state sentence is coterminous with the federal. Good Luck

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  2. Alberto Marino Quirantes Jr.

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    Contributor Level 18

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    Answered . Get a state criminal defense attorney to move his case along.

    The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law... more
  3. Christopher Robert Dillingham II

    Contributor Level 19

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    Answered . The State will pick him up at the federal prison when his sentence ends. The state and federal charges cannot be made to run concurrently in this situation since they are seemingly separate events.

    I'm a Florida personal injury, criminal defense, and federal civil rights lawyer. If you have personal injury,... more
  4. Kristin D Figueroa-Contreras

    Contributor Level 13

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    Answered . It is preferable that the state charge run concurrent with the federal sentence. The interaction of state and federal sentences is complicated and usually turns on the case's specific facts. It is not clear whether your friend's federal consipracy case is based on facts related to the state charges. Your friend's attorney would be in the best position to determine whether this is possible based on the specific facts at hand. Best of luck.

    Please note, the above answer is for general informational purposes only.
  5. John M. Kaman

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    Answered . In my experience the federal authorities never give credit for time spent in state custody. So the likely scenario is that he will be held in federal custody until his sentence is completed and then picked up by the state on its charges. If the two accusations are unrelated the state is not going to give him credit for the federal time.

  6. Stephen F Wallace

    Contributor Level 19

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    Answered . You need an attorney to ask for the second charge to run concurrent with the first. The State charge would be better to run concurrent wit the Federal sentence. This can happen, but we do not know all the facts here.

  7. Raymond George Wigell

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    Contributor Level 19

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    Answered . Concurrent versus Consecutive sentencing is a complex question. This is further complicated by the state and federal mix your inquiry indicates. The answer is dependent on local law and the case specific facts and most importantly the interpretation of the law. Your local experienced criminal defense lawyer is in the best position to advise.

    Please do NOT use this answer/response to say or do anything regarding your situation. This answer/response is... more
  8. Shon Joseph Douctre

    Contributor Level 8

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    Answered . The State has until the statute of limitations expires to file the charges; and it sounds like that already may have happened. To get a sentence to run concurrent, the sentencing judge must merely put it on the paperwork/outcome/court sentence.

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