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?
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.
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Criminal Defense Attorney
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.
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
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Federal Crime Lawyer
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.
Get a state criminal defense attorney to move his case along.
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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.
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.
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DUI / DWI Attorney
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.