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  1. #1
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    Sep 2016
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    Default Can You Be Paroled on a State Charge Without Ever Entering State Custody

    A man in Texas was convicted of a federal drug trafficking charge, and was sent to federal prison. He has a state parole violation as a result of the federal offense. At the end of his nine year sentence, he expected to be sent to state prison based upon a hold placed after the probation violation proceeding, but was instead told that he was paroled by the state two years earlier. Is it possible to serve a state prison sentence without ever setting foot in a state prison?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Be Paroled on a State Charge Without Ever Entering State Custody

    The state hold on the defendant while he was in federal custody resulted in his getting credit for the time he was serving on the state case. The hold is equivalent to his being in the custody of the state that issued the hold. (This does not necessarily work both ways -- when the federal government places a hold on an inmate in state prison, it is up to the judge to determine whether or not the inmate gets credit for time served in state custody while the federal hold was in effect.)

    The defendant does not, however, get any additional credit for time served toward his parole. His term of state parole starts when he is released from federal custody.

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