What to do if my husband is facing federal charges for possession with intent to distribute in one state while charges are pending for another incident in another state?

My husband is in federal custody facing charges for possession with intent to distribute oxycodone but has an open case out of state for possession with intent to distribute marijuana. He was actually sentenced for that case but never served his time (he fled). What is the best advise for him and is there any way that he can serve whatever time he is facing in federal concurrent with the time that he already has to do?

Asked on October 22, 2013 under Criminal Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

This is serious and he can face sentence enhancements for his current charges due to his previous conviction and the fact he is currently a fugitive. If he is in custody or if he is out, you need a criminal defense attorney in your current state who can also co-counsel in another lawyer from the other state and petition the courts for jurisdictional purposes and see if there are contracts agreements between the two for such sentences.

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