Loma Linda, CA asked in Criminal Law for Florida

Q: I’m in federal jail already been sentenced I also have to do state time can I be transferred to state and return to FED

Would they transfer me back to federal jail. Also I’m from California and would like to be transferred there after finishing state time to halfway house or sober living . I have 8 months more to do Federal have already done 4 months .

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1 Lawyer Answer
Ralph Behr
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  • Criminal Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: No. The Federal Bureau of Prisons will not release you to serve a State sentence until you have completed your federal sentence. Important! State's differ but contact your trial attorney in State Court and ask him to have the State serve you with a State warrant: this way you are certain to be earning time toward your State sentence while in Federal custody. In most situations this is normal procedure and you will get credit for your State sentence. But since you asked a good question it is useful for you to get confirmation that time served is time earned in State court.

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