PLEASE HELP!!!!!How do I get Feds to take state time already served that is supposed to be concurrent?

My friend is currently serving a 92 mnth fed sentence. He has already served 3 yrs state time, but the feds are not counting that time although it is supposed to be concurrent. The feds are saying he still has 83mnth left when really he should have about 47mnths if given credit for the 36 mnths he already did in state. How do we get the feds to credit him for the 3 years he has already served? He is a non-violent criminal with a criminal history but nothing violent and was given a ridiculous sentence to begin with at 92mnths but now it is going to be over 10 yrs if we can’t get this credit. Please help. He has learned his lesson and is trying to make a better life for himself and he just wants the 3 yrs he already gave back to him. Please help. The 3 yrs state time served was for the same offense and was ordered to be concurrent with federal time.

Asked on May 22, 2009 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to see an attorney. 

While your friend doesn't have to be given credit for time served it is done much of the time.

If there is anyway to get a private criminal attorney you should do so.  Call some of the bigger law firms in your area and explain your situation, you might get them to work on a case such as this "pro bono" (for free).  If that doesn't work you can try a public defender or call legal aid.

Good luck.


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