Ozark, AR asked in Criminal Law and Federal Crimes for Oklahoma

Q: Can the feds take custody and move an individual from county jail if they have not been sentenced?

My uncle was picked up on a trafficking charge and made a plea agreement with the prosecutor but no papers have been signed and he has not been sentenced but the feds picked him up from county jail and moved him.

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1 Lawyer Answer
David A. Cincotta
David A. Cincotta
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Yes. If the federal government intends to prosecute him, they can move him to where the US Marshal Service houses federal detainees. Then, the State generally needs to wait until the feds are finished before getting him back to finish his state case, but that is not always the case.

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