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romlawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1170
Experience:  JD, 75+ Trials, 1000s of cases, Licensed in PA
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A friend has been convicted of possesion of a ...

Resolved Question:

A friend has been convicted of possesion of a firearm during a crime 1 yr, criminal interfer govt prop 5 yr, pos of firearm convct felon 5 yrs, and theft by rec stolen prop 9 yrs. He has been sentenced to both state and federal time for these crimes. The situation: My friend stole a car and was driving below the minimum speed on the interstate. A police officier got behind him to see if everything was okay. My friend took off because he had a gun in the vehicle, which resulted in a high speed chase. He was caught and arrested. My question is why was he given both state and federal time and is that okay. Do you think that there is anything that can be done to have his sentence reduced or the federal time dropped? He is currently serving state time and has a tentative parole of 11/09.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  romlawyer replied 9 years ago.

State and Federal Court are separate and distinct, and i t is not unusual to be prosecuted in both.. So there is nothing unique here....

If the Feds have sentenced him, it cannot be dropped, unless the prosecutor goes back and files a motion for some form of substantial cooperation on his behalf...

In most cases, unless his lawyer appealed the sentence, there is nothing that can be done to reduce them, except good behavior in prison.

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