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Criminal Law/Transfer process from federal to serve time in state


My brother was recently released from a federal prison to serve time in state for probation violation. It was known at the time of sentencing that the time was to run consectutively. Well actually the judge said concurrently but wrote consecutively.  After being released he was transferred to a local jail. Processed, listed as a fugitive and then sent to a regional jail. Is this process normal? And they charged him $30 to process him. State knew of his whereabouts and his release date. He kept trying to appeal the decision to have the time run concurrent asnit was originally stated But, it was denied. It was to our understanding that state was to have made arrangements to have him picked up on the day of his release. Nothing about the process seems normal.if he never left custody, why was he listed as a fugitive. And why would Virginia not come pick him up from West Virginia. Also to our understanding. That once he was released if Virginia was not there to pick him up that the detainer would automatically be dropped. How can they hold him or rather how long does Virginia have to pick him up? Please us make sense of this.


Using the word "normal" and the words "federal system" in the same sentence is a classic oxymoron. Furthermore, you have broached about four separate issues, but we consider the first the most critical.

You say the federal sentencing judge said "concurrent" in court, but the signed Judgment Order said "consecutive." Under ordinary circumstances, the federal courts will not usually intervene in state cases unless the state prosecutor is consulted and concurs. In this case, the state prosecutor would have had to agree that the state sentencing could be rolled into the federal sentence. There would be a formal document confirming that. Secondly, there is a recorded/written transcript of the sentencing and that could be pulled and reviewed to see what the judge said from the bench.  

The other issues are specific to Virginia state law (administrative in nature) and would be best answered by a Virginia attorney.

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Kevin M. Tamez


Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.


More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website

Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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