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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116285
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My son is being released from prison,but has to serve time

Customer Question

My son is being released from prison,but has to serve time in another area for probation violation. He has served ten years in a federal prison for drugs,and will be picked up at the feds to serve the probation time in the other area. We want to write the sentencing judge and ask for reconsideration and allow his time to run with federal time. your advice would be appreciated.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
I am afraid that by law, the judge in federal court under their sentencing guidelines cannot run the sentence concurrently with a probation violation. A probation violation is intended to be a punishment, which is separate from the other sentencing and not allowed to be run concurrent under the guidelines. Without a basis in law for this request, the court could not and will not even consider your request I am afraid.

In order to file a "motion for reconsideration of sentence" with the sentencing court, you have to cite law that allows him to sentence the probation violation concurrent with the other sentencing time.


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Customer: replied 4 years ago.

My son was sentenced in federal court, then he was sentenced on the probation violation in a Charles County Maryland County Court. We want to know how to approach asking the county judge to reconsider the sentence and let the time served in the federal prison serve as the time he was sentenced by the county.What should we do?, How do we approach this ?


 


If you have questions please ask? Thank you in advance for your prompt attention to this matter.

Customer: replied 4 years ago.
,

My son was sentenced in federal court, then he was sentenced on the probation violation in a  Charles County Maryland County Court. We want to know how to approach asking the county judge to reconsider the sentence and let the time served in the federal prison serve as the time he was sentenced by the county.What should we do?, How do we approach this ?


 


If you have questions please ask? Thank you in advance for your prompt attention to this matter. 

Expert:  Law Educator, Esq. replied 4 years ago.
Sorry, I thought you were talking about federal probation. The state court has discretion regarding granting time served to count towards the probation violation, but it is still rarely done. In order to ask for the consideration, this is done by filing a motion to the court for reduction of sentence and this motion would describe the time he did in jail in the federal prison and would ask the court to consider giving a concurrent sentence and credit for time served for the probation violation. The only reason the county will not consider this is if the probation violation itself was being convicted for the federal charge, but again under state law it is not prohibited. He needs to file a motion to reduce or reconsider his probation violation sentence and grant time served.