Expert: Robin Sexton - 7/19/2009

Question
IF THE JUDGE SAID IN FEDERAL COURT THAT SENTANCE WAS TO RUN CONSECTIVELY WITH STATE SENTANCE BUT JUDGE THEN STATED THAT TBE COURT GRANTS CREDIT FOR TIME IN STATE CUSTODY SINCE AUG 21-2007 . DEFENDANT WAS SENTANCED IN 08 ON FEDERAL PARLOE VIOLATION FIRST THEN ON NEW STATE CHARGES.DOES THIS MEAN HIS FEDEAL TIME IS RUNNING ALONG WITH HIS STATE CHARGES HE HAS BEENIN STATE CUSTODY TDCJ FOR TWO YEARS NOW.IF UNKNOWN HOW WOULD WE FIND OUT.OUR FEDERAL ATTORNEY SAYS SHE IS UNSURE AND OFFERS NO ADVICE PLEASE HELP.WE JUST WANT TO KNOW IF HIS FEDERAL TIME IS BEING CREDITED OR NOT?

Answer
Jamie,

Consecutive means it is running separate or one after the other. In this sentence, once the state sentence is done then the federal sentence starts. The time from August 2007 till his sentence date in 2008 was reduced from his federal sentence, or credited.  What the judge did is the from the time the person was arrested till sentence was credited to his federal sentence so there by reducing their federal sentence.  However once after sentencing then the remaining federal time is served after completion of his state sentence.

Sorry this was not better news.

hope this helped

robin