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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25491
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son recently was sentenced to prison on a plea bargain he

Customer Question

my son recently was sentenced to prison on a plea bargain he was told that if he took no futher charges would come up ,feds or otherwise.now the feds are charging and putting another 15 to his sentence.once again offering a plea of 5yrs.which every thing hed been better off with the 1st sentence and not taking aa plea.is there anything that can be done?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

hello,

Unfortunately, the state has no control over whether the Federal government will prosecute as well. What he can try to getvis for the Federal government to run his time concurrent with his state offense.

Expert:  Zoey_ JD replied 1 year ago.

I am not sure why you think that had your son not taken this plea, he'd do less time, because he still would have had to resolve his state matter before the Federal government could get him, and if a Federal judge does not agree to concurrent time, state time and Federal time will run consecutive, no matter what the state judge puts on the record.

If he believes that there was misconduct on the part of the state DA who offered the plea because he was told that no Federal charge would follow, he could try to get his plea back and start from the very beginning with the state case. Whether that would improve his position, however, assuming that he could get his plea back -- which is rare -- would depend upon all the facts and circumstances regarding to his case. His lawyer would be better able to tell him if he'd make his present situation be