Skip to main content

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

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. 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, criminal defense or federal civil rights case and are interested in my services, then please go to my Avvo profile to email or call me. I cannot contact you. Until you sign a contract with me, I'm not your lawyer, and you should not rely upon Avvo for any legal advice except to consult with an attorney. That's always good advice.

  2. 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.

  3. 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 make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

  4. 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.

  5. 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 Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.

  6. 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.

  7. 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 based on the information provided in the question asked and requires a much more complete context than is available in this public forum. BEFORE you say or do anything consult with an experienced Federal and/or state criminal defense attorney in your jurisdiction who will listen to you and your concerns.

  8. 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.

State, local, and municipal law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics