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  1. #1
    Join Date
    Mar 2017
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    2

    Default How to Address Pending Federal Charges While Serving State Prison Time

    My question involves criminal law for the state of: South Dakota and Wisconsin.

    My boyfriend received his federal indictment on Dec 14th 2016 for failing to register as a sex offender in the state of South Dakota (he wasn't moving there, just visiting his father for a few days) and then he received his federal warrant Jan 6th 2017. He was transferred back to Wisconsin and has been in custody since Oct 5th and is now doing his state time for violating his parole. He hasn't heard anything about his pending federal case and we were wondering if there is any way to get his fed case going? If he can get his fed case resolved he has a chance of being transferred to a minimum security facility instead of a medium so he can get a job and start paying his fines and child support. Also, any clue on if his state and federal time could be ran concurrent?

    Thanks in advance!

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

    Default Re: Pending Federal Charges While Serving State

    How much time is he going to do on the state charges? The Feds are free to put off their charges until he gets out on the state ones. Why are the Feds prosecuting it anyway?

  3. #3
    Join Date
    Mar 2017
    Posts
    2

    Default Re: Pending Federal Charges While Serving State

    He's got 1 more year for state time. Feds are involved because he had a warrant out for his arrest for violating his parole (his P.O. didn't know he was leaving state) and because he didn't register as a sex offender while he was in South Dakota. I'm not sure why he would have to register when he wasn't planning on moving there since he was just visiting(?). He's been a registered S.O. since 2007 with no recurring offenses.

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Address Pending Federal Charges While Serving State Prison Time

    He should consult a federal criminal defense lawyer about the charge, and the possibility of working out a plea bargain or other disposition during his state prison time.

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