Legal Question in Criminal Law in Massachusetts
Federal Detainer/State Time
A person is being held for a state crime, but has a federal detainer largest against them for a previous federal probation violation. Once habed in to federal court, will his time in which he sat on the detainer be credited towards his federal probation violation time considering the fact that he had bail from the state case? (So in actuality, he is only being held on the detainer because he is able to post bail for the state case)
1 Answer from Attorneys
Re: Federal Detainer/State Time
Since he didn't post the bail on the state cases, he is techinically being held on the state cases and the time is being credited to the state cases. Once he posts the bail on the state cases, any time in custody thereafter should be credited to the federal probation case.