QUESTION
Can a state sentence run concurrent wiith a federal sentence even though the federal time has already been served?
Asked on Jun 20th, 2011 on Criminal Law - Michigan
More details to this question:
My boyfriend was just released from federal prison. He had a pending state case that was supposed to be taken care of at the same time as the federal case. For some reason his attorney didn't take care of it in a timely manner and now he's awaiting trial in state court. Is it possible for the state judge to take into consideration the federal time is the charges are similar?
14 ANSWERS
1 Award
Yes, it is possible.
Answered on Jul 11th, 2013 at 2:44 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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If the federal sentence is served, then there is nothing to run concurrent. If you are talking about credit for time served which is applicable in the State case, then you would need to consult your attorney. If there were an active warrant in the State action, then perhaps there is an argument for credit. If on bond in the state case, or if not arraigned yet, then perhaps not.
Answered on Jun 27th, 2011 at 2:16 PM
Michael J. Breczinski
This would depend on the State. the prosecutor, the defense attorney and the judge. It should be taken into account when drafting a deal in the case or at sentencing after a trial.
Answered on Jun 24th, 2011 at 10:43 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Of course not. Not only will the state court DA and judge not show sympathy or take into account the federal time in a positive manner, they will treat it as a prior for enhancement of sentencing on the state charges.
Answered on Jun 23rd, 2011 at 10:46 AM
Criminal Defense Attorney serving Monticello, MN
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Smith, Paulson, O'Donnell & Erickson, PLC
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It is, but he will not necessarily get credit towards his State offense for the time he spent in Federal prison.
Answered on Jun 23rd, 2011 at 10:18 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. He might be sentenced to "time served". But, if he's going to trial then I suspect that he is not being made that offer.
Answered on Jun 23rd, 2011 at 10:06 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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The judge can take into consideration whatever he wants. But it would be very unusual to run this time concurrent with Federal time that has already been served.
Answered on Jun 23rd, 2011 at 9:10 AM
William Guy Pontrello
if the state judge gives you credit for the federal time served, yes but I would not count on it.
Answered on Jun 22nd, 2011 at 2:20 PM
Theodore W. Robinson
While it is possible, it's very unlikely, unless the ADA and the Judge agree to it. Hire a very good attorney to seek such relief. Good luck.
Answered on Jun 22nd, 2011 at 2:13 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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While the time can not run concurrent to a sentence already served, the court can take the Federal sentence in consideration in the state case.
Answered on Jun 22nd, 2011 at 11:36 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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Federal charges will not run concurrently, state may. So if in state custody first then federal always runs consecutive. If fed sentence is served state court may but is unlikely to sentence concurrently. Boyfriend should be talking to attorney.
Answered on Jun 22nd, 2011 at 10:59 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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If he is convicted or pleads guilty to the state offense, he will be given credit for any time in which there was a detainer lodged against him while in federal custody. If there was no detainer against him, then he gets no credit. The judge is always free to give a lesser sentenced because of the fact that he served time on a related case in federal custody. The judge can consider most anything in sentencing.
Answered on Jun 22nd, 2011 at 10:36 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Its possible if: 1) he had bail set while doing the federal time; or b) the judge will sentence him nunc pro tunc to the day he was jailed on the federal charge.
Answered on Jun 22nd, 2011 at 10:35 AM
Steven C. Bullock
With the information you have provided, it would be rare for a state court judge to credit the federal time for any state prison sentence.
Answered on Jun 22nd, 2011 at 10:34 AM