Legal Question in Criminal Law in Texas
My spouse has been sentenced to 24 months in federal court. He was on probation (5yr sentence) at the time of his arrest, the state is now requesting that his probation be revoked & is asking for the original sentence (2yrs) he is afraid that after he completes his federal time the state will take him in for his 2yr sentence he wants to request that the federal & state time be run concurrent. What can he or I do to make sure this hapens?
1 Answer from Attorneys
He obviously has lawyers on both cases at this point. This forum is not for second guessing someone's trial lawyer. It can be accomplished but it is quite difficult & will take cooperation from the lawyer before the sentencing in either case (which sounds like it might be too late.)
If there is a detainer on him while he is in the federal prison (by the state system) then he gets credit. If not, then no credit.
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