Criminal Law Questions? Ask a Criminal Lawyer.
The play between the federal and state systems can be complicated and depends greatly on the last sentencing judge.
The simple answer is that it is up to the last judge to sentence, but much of what can be done is decided at the sentencing. Also, the federal Bureau of Prisons has policies against taking taking prisoners serving sentences in state custody.
The federal judge is willing to let him serve his time in federal prison IF there is a way. According to the judge because he was sentenced in FL first, he belongs to Florida. He is only on a writ to the federal court. The judge asked my brothers attorney to find a way/law that would allow him to serve his time federally.
I will look into this and get back to you. Is tomorrow OK?
Tomorrow is fine. Thank you.
I've looked at the BOP policies, and BOP will not accept a prisoner that is serving a concurrent state sentence. If he's serving the sentence in Florida, BOP simply won't accept him.
The only way to get BOP to accept the prisoner is if the state case were dismissed. He would then be transferred into federal custody. The state could then refile their charges and he would stay in BOP custody while serving their concurrent state sentence.
To be completely honest, they are unlikely to do that, but it is the only way to get him in BOP custody. The botXXXXX XXXXXne is that you would need to have the state charges released, even temporarily, to get a transfer to BOP (federal prison).
Thank you for your answer.
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