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How and what motion do I need to file to have a state sentence ran concurrent with a federal sentence ?
Anonymous7 views2 answers
my brother was in a half way house serving time for a state (drug) charge, he was picked up by US Marshals and is now serving time in Federal prison (gun charge). We are hoping once he serves his 54 month sentence in federal custody he will not have to restart his state time. He had a public defender and unfortunately since he plead guilty we have gotten 0 help from them on how we request the sentences to be ran concurrent? Is this something he can do while he is in there? what motion do we file? Thank you in advance
There is actually a presumption that state and federal sentences will run consecutively v. concurrently, which is the exact opposite of two state sentences which are expected to run concurrently. He needs to go through his attorney to see about having the sentences run concurrently. He can file a motion for concurrent sentencing with the judge, but the US attorney can object, and he probably won't get very far. Also, depending on how long ago he was sentenced, the judge might not have jurisdiction still to change the type of sentence from consecutive to concurrent. You simply must speak with an attorney.
Good answer from attorney Leroi. As painful as this must sound, you must work with the current PD, apply for a new PD or hire a private attorney to work through this difficult situation. The stakes are high so make sure they have good legal representation moving forward.
