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Can an inmate be moved from the county jail to Federal prison if they have not been charged with anything or sentenced?

Miami, FL |

There has been no charges filled against the inmate but they were recently moved from the local county jail to a Federal Prison, is this legal?

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Attorney answers 5


Prisoner placement is determined by the local authority. It can be based on over crowding and economic concerns. It is " legal" if the prison authority sanctions it. Many other factors must be considered to answer your question with an answer it deserves.

Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: Email: Available - 24/7 Office (708)481-4800 Cell. (708)218-0923


I agree with Mr. Wigell. Federal and state facilities often share space, and federal inmates may spend time in state facilities and vice versa.

I am a CA attorney and this is just meant to get you started in looking for the right lawyer! This is not legal advice. No Attorney/Client relationship has been formed. I may or may not be licensed in your jurisdiction. Please consult an attorney licensed in your jurisdiction for state specific advice.



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Feds give time credit for "in federal custody", and if the ultimate dispositon will turn federal, this could enable earning of federal time, assuming the inmate is not able to achieve a "not guilty" verdict.

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As mentioned, yes. This is a space concern. It could be over a security concern.