QUESTION
Can my friend get the federal reserve system to run his time concurrently?
Asked on Sep 04th, 2011 on Criminal Law - California
More details to this question:
My friend was on state parole and got caught with a gun. The feds picked the case up and he plead guilty and got 70 months. Can he get the feds to run his time concurrently with the 2 years he had to do for the state parole violation?
10 ANSWERS
Roianne Houlton Conner
No, it must run consecutively.
Answered on Jun 25th, 2013 at 1:29 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The federal reserve system is not a criminal system. The federal reserve system regulates the monetary reserves for the United States. It is possible, but the judge does not have top agree to it. In this case, probably not, because the 2 year parole violation has to do with a previous case for which he was on some kind of a suspended sentence. From your description, it sounds like his recent actions resulted in a new, subsequent charge. Doubtful they will run concurrent.
Answered on Sep 12th, 2011 at 11:50 AM
Michael J. Breczinski
Maybe he should talk to his attorney about this. It depends on the timing of the sentences. The Feds usually wait for someone to finish a state sentence and then get him to start the Federal Sentence. He should try to get sentenced on the Federal matter first the State does not care.
Answered on Sep 12th, 2011 at 7:52 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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His lawyer needs to work on this. It is possible, but generally it is done at the time the sentence is assessed. Your friend cannot cause it to happen.
Answered on Sep 12th, 2011 at 6:17 AM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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It depends. The favored treatment is concurrent sentences but the feds prefer it to be consecutive. You might have to be resentenced with a specific order that the time run concurrently. It's really up to the sentencing judge.
Answered on Sep 09th, 2011 at 8:11 PM
It may depend on whether the federal sentence allows it to run concurrently.
Answered on Sep 09th, 2011 at 7:42 PM
The judge probably addressed this at sentencing. The norm is that the sentence runs consecutive in federal court. If that is what the federal court did, it would be very hard to change.
Answered on Sep 09th, 2011 at 1:47 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I suppose that would be up to the sentencing judge. There are certain instances where sentences can run concurrent and some in which they cannot. His attorney should have the answer to his eligibility and if he is eligible, it's just a matter of asking the judge at sentencing.
Answered on Sep 09th, 2011 at 12:39 PM
3 Awards
It is possible, but usually has to be made part of the plea agreement prior to sentencing. If the parole board has not completed its process, he could ask them to run it concurrently. At this point, there is no harm in sending letters to the Federal Judge and Parole Board explaining the situation and requesting concurrent time.
Answered on Sep 09th, 2011 at 12:12 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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I believe that the U.S. Attorney could have stipulated that the time run concurrent, but in California, the violation should run concurrent to the sentence for the crime for which his parole was violated.
Answered on Sep 09th, 2011 at 12:12 PM