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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23170
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a question in reference to serving concurrent sentences.

Resolved Question:

I have a question in reference to serving concurrent sentences. My friend is currently serving a 4 year sentence in a federal prison in New Mexico. However he still has a pending state case in Pampa, Texas. Apparently the lawyer that he hired for the federal case was supposed to take care of the pending case in Texas, but as of yet nothing has been done. What can be done so that he doesn't have to serve additional time in state?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hi Jacustomer,

If your friend has been sentenced Federally already and there's a Texas hold on him, then he's also getting credit for his Texas time . Then when he's returned to Texas, if he's completed all of the time he should be be released. It's the other way around -- when the state sentences first and orders concurrent time but the Federal government doesn't specifically agree to that at the time of their sentencing, when it goes wrong and ends up more time.

Check with his lawyer and see whether he's presently getting time on both cases.
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