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  1. #1
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    Mar 2009
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    Default Serving Federal Time in State Custody

    My question involves criminal law for the state of: New York.

    How would one go about requesting that the BOP allow an offender to serve his federal time, of 1 year, while he is serving a 12 years sentence in state custody?

  2. #2
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    Default Re: Serving Federal Time in State Custody

    Ask politely?

    Seriously, we know nothing about the case. The defendant should ask his lawyer.

  3. #3
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    Default Re: Serving Federal Time in State Custody

    Quote Quoting Mr. Knowitall
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    Ask politely?

    Seriously, we know nothing about the case. The defendant should ask his lawyer.
    I am puzzled as to why anyone would need to know the facts and/or circumstances involved in the case in order to answer the question.

    The question is merely a procedural one (i.e., "How would one go about requestng from the BOP that an ofender be allowed to serve federal time in state custody?")

    My question was not seeking advice on his chances of being granted, it was merely what the procedure was to request it.....unless you are suggesting that the procedure to request same would differ dependng on his case.

    Thanks.

  4. #4
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    Default Re: Serving Federal Time in State Custody

    We need to know facts because we aren't psychic. Without facts, I'm sticking with "ask politely".

  5. #5
    Join Date
    Mar 2009
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    Default Re: Serving Federal Time in State Custody

    OK thanks.

    If anyone else can answer the question, I appreciate it.

    Gracias!

  6. #6
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Serving Federal Time in State Custody

    It would be up to the court not the BOP. The one year federal time would have to be served concurrently with the state sentence. If not then he will have to do his state sentence and then do his federal sentence of 1 year.

    So if his 1 year sentence is not running concurrent with his state sentence it will be done consecutively. Which means when he is done or being released from the state. He will go directly to the federal prison system BOP. He will do his federal time and then be released unless he has a detainer or other reason to be held.

    But his request to do the federal 1 year sentence would be through the DOJ. Not the BOP, the BOP does not have the authority to authorize your request.

  7. #7
    Join Date
    Mar 2009
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    New York
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    Default Re: Serving Federal Time in State Custody

    thank you very much for your answer. you have given me a starting point. thank you

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