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Old 10-11-2018, 09:46 AM
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Default Fed/State concurrent vs consecutive sentences

Hi everyone. Need some legal advice or just a point in the right direction. I’m trying to find something on state sentences running concurrently with a federal sentence. Maybe if I try to explain...here goes.
Federal sentence of 15 years imposed in 2009. In 2011 the State picked him up on a pending case. He was sentenced to 3 years consecutive to his federal time.
Here’s my question: anything we can legally do to try and get his State sentence to run concurrently instead?! Any Supreme Court cases that I can look into?! Anything will help me! Thank you!

-luvin’
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Old 10-11-2018, 04:23 PM
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My opinion is based on my knowledge of the federal portion of his sentence only. Is he in State, or federal prison?

The feds will make him serve his entire 15 year sentence in their custody (minus earned good time) and then release him to the State unless his federal sentencing judge modified it (concurrent, etc.) in his judgment & commitment order.

Receiving State sentence credit for any of the time he spends in federal custody is decided in State court or laws..
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Old 10-11-2018, 07:59 PM
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Thanks fbopnomore! He’s in federal now. The state judge sentenced him to 3 years consecutive to his federal time. Is there some type of motion that we can file to ask for it to run concurrent instead? We know he has to serve the full 15 but he’s almost done with the federal time and after 15 years we really don’t want him to serve state time.
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Old 10-12-2018, 05:45 AM
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I hope you receive an answer from someone who knows New Jersey law, and that an avenue exists for relief. Here's a link to the forms necessary to apply for NJ clemency.
https://new-jersey-executive-clemenc...SAAEgKEDvD_BwE
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Old 10-12-2018, 06:06 AM
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Thanks fbopnomore we’re actually in Florida, not Jersey. Would you happen to know anywhere I can search for answers?
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Old 10-12-2018, 08:57 AM
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Here's the Florida clemency application.
https://www.fcor.state.fl.us/docs/cl...pplication.pdf

and the clemency board's web page.
https://www.fcor.state.fl.us/clemency.shtml

Since they did away with parole, it limits his chances to serve less than 3 years in FL.
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