Reviewed on: April 21,2026

Can Federal and State Sentences Run Concurrently?

Hello, my boyfriend got picked up by the Feds ,he also had a state case that he was wanted on for not going to his last court date for sentencing, so he was wanted to do about 7months for evading the police on a motorcycle. What do you think would be the worst? & also I'm not to sure y he got picked up by feds, rumor is smuggling illegals. Is there any way they are going to make him do it 2 separate times ??? Thank you

Asked: October 28, 2015
Author: Davina
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1

Yes, that is a real possibility, and it is worth understanding how this works so you know what you are dealing with.

The state case sounds like it was already headed toward a short sentence, around 7 months, before he missed his sentencing date. Missing that court date is a serious problem on its own. Judges take a dim view of it, and when he does eventually appear for sentencing on that charge, the judge will almost certainly factor in the failure to appear. What might have been a straightforward 7-month sentence could come out heavier because of it.

The federal charge is a separate matter entirely, and smuggling is not taken lightly in the federal system. Depending on the specifics, how many people were involved, whether there were aggravating factors, and his prior record, federal human smuggling charges can carry anywhere from a few years to a decade or more. Federal time is also harder time. There is no parole in the federal system, and inmates serve at least 85 percent of whatever sentence is handed down.

The best outcome here is that a judge or prosecutor agrees to run the sentences concurrently, meaning both sentences count down at the same time rather than one starting after the other finishes. That is not guaranteed, and it is not always offered, but it happens. His attorney needs to push hard for concurrent sentencing if at all possible.

Right now the most important thing is that he has competent legal representation on both cases. The federal charge in particular is not something to navigate with a stretched public defender if there is any way to avoid it.

https://www.inmateaid.com/ask-the-inmate/can-federal-and-state-sentences-run-concurrently#answer
Accepted Answer Date Created: October 29,2015

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