Results 1 to 4 of 4
  1. #1
    Join Date
    Jan 2011
    Location
    Orlando, FL
    Posts
    1

    Default Doing Federal Time and Having State Time Overlap

    My husband recently got sentenced to 5 yrs fed time; but out of the 5 yrs hes expecting to do 2.5 with time served (6 months) and drug program he got recommended to and 6 months half way house. the problem is he got a state case pending where the prosecutor may agree to 36 months. Since this plea would over lap the fed time he would do, will this plea cause a problem when it comes to him being released early because of the drug program and the half way house?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Doing Fed Time and Having State Time Overlap

    If he agrees to the plea on the state charge, he will have to serve it once he is released from Federal custody. Whether the state would consider that when he leaves prison or when he leaves the halfway house I could not say.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Doing Fed Time and Having State Time Overlap

    The attorney should have worked out a deal to make them concurrent.

    But, the state can't touch him in the halfway house. Do you know how he gets to the halfway house?

    The feds will take him to a Greyhound station and put him on the bus. He is responsible for getting to the halfway house from the Greyhound station at the other end. They do this with foreign drug couriers and the like and of course they never show up at the halfway house. Solves a number of problems with only the cost of a Greyhound ticket.


    Keep in mind there is no federal parole. The only thing that reduces the sentence besides time already served, is good time. That can be taken away if he messes up. I would check to see exactly how much good time is given per year currently in the federal system.

  4. #4
    Join Date
    Feb 2011
    Location
    Brooklyn, NY - USA
    Posts
    1

    Default Re: Doing Fed Time and Having State Time Overlap

    I hate to say this, but it is my understanding that as long as he has a state 'hold' on him - unless this issue is negotiated up front with the state prosecutor and agreed to by the state judge - he will not see daylight (halfway house, etc.) until the state believes he has satisfied his state time. I assume the state judge agreed that his sentence will run concurrent to his fed time and not consecutive... if not, then that changes everything. Also... just for the record, even though all fed inmates (especially those who do the DAP) are told they can have up to 6 months in a halfway house, it all depends on bed availability. We've known fed inmates that get far fewer than the 6 months halfway house they thought they would get. With the feds, it's a crap shoot sometimes. I wish you both the best of luck, and I think it's great you are sticking by his side.

    1. Sponsored Links
       

Similar Threads

  1. Disqualification: EDD, Part Time Work, and the Federal Extension
    By denicedcat in forum Employment and Labor
    Replies: 7
    Last Post: 02-19-2010, 11:25 AM
  2. Prison: Serving Federal Time in State Custody
    By LRamos4552 in forum Probation, Parole and Incarceration
    Replies: 6
    Last Post: 04-08-2009, 06:55 PM
  3. Pretrial Procedure: State and Federal Charges Pending at the Same Time
    By dabbs in forum Criminal Procedure
    Replies: 2
    Last Post: 02-05-2009, 05:17 AM
  4. Sentencing: How Does State Time Run With Federal?
    By white cloud in forum Criminal Procedure
    Replies: 3
    Last Post: 11-02-2008, 09:54 AM
  5. Probation and Parole: Time Limit On Having To Pay A Federal Fine
    By dave678 in forum Probation, Parole and Incarceration
    Replies: 5
    Last Post: 08-06-2007, 09:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources