Saint Paul, MN asked in Criminal Law and Federal Crimes for Minnesota

Q: If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve..

If I am convicted in CA state court, then after I've been sentenced to 4 yrs in prison, but before I've began to serve this sentence the judge lets me out on bond pending appeal. While out on bond pending appeal I'm arrested for a federal offense, convicted and sentenced for said offense. While serving this federal sentence does the state judge have the authority to go back and order the sentences to run concurrent/consecutive since when he had sentenced me 4 yrs prior there was not a federal crime that had been commited? Or is this left entirely up to the CA DOC or DSCC to decide whether or not to grant a nunc pro tunc order giving me credit towards the state sentence while serving my federal sentence?

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3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: This is a question best asked and answered in a California criminal law forum. But concurrent vs. consecutive is usually determined by the second court that sentences you. The bigger issue that you will run into is how California determines credit. For example, if this happened in Minnesota with a state crime and a federal offense, you would not be entitled to state court credit for your federal time, unless that was specially agreed to. I would reach out to criminal defense attorneys in California to get an answer to this question.

William Bailey agrees with this answer

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: You should contact a criminal defense attorney in California for assistance with this.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Since the question concerns California law, best to ask a California attorney.

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