Someone I know has been sentenced for a federal sentence and was granted to voluntary surrender. While awaiting for his designation this person had to handle his county charges and was sentenced to imprisonment and was immediately taken into custody. Since he is unable to surrender can the time that he is spending in county custody be credited for the service for his federal sentence? Is there anything that can be done so that he can either get credit for his federal sentence time while doing his county time. Is there any options available in this type of situation? Any information is greatly appreciated.
He needs to get the federal judge to run the sentence concurrent.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Unless his attorney in the Federal matter can get the Federal judge to give him credit, he is out of luck. He should have surrendered to the Feds first and had his state attorney get the county time to run concurrently.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
A federal court has discretion to impose its sentence concurrently or consecutively. Your friend may ask the judge to run his time concurrently.
In addition, if you are arrested as a federal defendant by the state, the state becomes your primary custodian. Generally, you cannot receive any credit towards the federal offense until the state has released its hold. However, it is possible to award prior custody credit retroactively by designating the county for service of the federal sentence. 18 USC 3621; Sister v. US, 2012). You will need to consult a federal criminal defense attorney.
Unless friend's federal attorney can get US District Judge to somehow run an already entered sentence concurrently with the new State time -- and with sentencing already over, it might be too late to change anything -- then options on the federal side are limited. The BOP will not credit time that has already been credited to another sentence (including State).
It might be possible to get the BOP to designate the federal time to be served at the county/State facility, and then fed time will start. But, that is completely within the BOP's discretion, and I've rarely seen them exercise that discretion. The more common situation is that it has an inmate they want to put out of the BOP -- for instance, a cooperator they're trying to move out of harm's way -- and they trade to the State, inmate-for-inmate.
Barring these long shots, your friend might be out of luck. Sorry to report that.
This answer DOES NOT create an attorney-client relationship, and you need to consult a lawyer very quickly with whom you can create such a privileged relationship. This answer does not address the many specific variables that would constitute responsible legal counsel. This answer is meant only as general guidance -- particularly to hire an experienced lawyer for this complex question.
The BOP will not credit state time unless the charges are dropped. Here though, everyone is correct about getting the attorney to request the time off from the Federal judge through a motion.
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