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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.