Q: My friend is in federal custody and has a warrant for misdemeanor probation violation
in state he wants to take care of the probation Violation how does he go about taking care of it? As he is already facing time in federal he wants to get it all over and done with. So when he does get out he can be with his children and family.
A:
There are numerous ways to take care of this issue. Everything from the U.S. Marshall service turning him over to the State to the State agreeing to dismiss the pending probation violation action. Much of the outcome depends on the attitude of your local prosecutors, the tenacity of his attorney to get the proper information to the State, and the determinations of the judges or magistrates involved. Worst case scenario, he will have consecutive sentences; this means that he would have to complete one sentence then be transferred to serve the other. As he is in Federal custody, they would likely make him serve their sentence first.
The reality of the situation is that a reasonable prosecutor and a hard-working defense attorney can usually work this out. Your friend needs to maintain good communication with his attorney or attorneys and keep his head up.
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