My boyfriend has almost nine years on a federal charge. The state has a detainer on him for probation violation. He originally thought that the probation time was to run concurrent with his federal time based on his sentencing. His paperwork says it is to run consecutively. He has made attempts to get this rectified but to no avail. What can he do to get this detainer lifted or changed to show it was to run concurrently before he finishes serving his fed sentence in 3 months. By the way this is for the state of Virginia.

Hello F:

There's nothing he can do because he thought wrong.. State time and federal time don't run concurrent.

excon

If he has a court order from the State that it would run that way, when at the end of his time, they detain him at the hearing, submit that proff that the time was served

Hi Exon, I appreciate your advice. However; what I have learned is that state time can run concurrent with federal time if ordered by the courts. Now fed time cannot run concurrent with state time which is where the confusion comes into play. Also the order in which the time has to be served as well as who has primary jurisdiction or custody over the inmate first. He's serving his federal time first which is to his advantage. And in his case federal had primary. His federal prob violation was to also run concurrent which was factored in but the state time wasn't. There wasn't any confusion and he didn't think incorrectly. I was there. And this court is known for clerical errors. And the judge that day was a fill in. So its been difficult getting this reversed. It looks like the only hope we may have is that he may slip through that small crack of opportunity where they may fail to make arrangements to have him picked up by the state when his fed time has been completed. Because if they don't the detainer will automatically be dropped and he has to he released. Which I bet they won't make a clerical error on that.. But I was was hoping to find other avenues or a loop hole.

QUOTE=excon;3220482]Hello F:

There's nothing he can do because he thought wrong.. State time and federal time don't run concurrent.

excon[/QUOTE]

Hi Fr Chuck
That is what has been the challenge. He said concurrent and it was entered as consecutively the case was a big which it didn't surpise that this mistake happened. I was writing down everything the judge was saying. And we thought it was in the bag and then after going back and doing some research we discovered the error. Since it was written as such he filed a petition of I think its nunc pro trunc to have it corrected. He has written the sentencing judge and nothing. And what makes it so bad is the probation is in agreement for letting it run concurrently but the judge won't change it. And now the time is drawing close and he's looking at 3 more years after doing a 9 year bid. And the violation was for not reporting to probation officer when he was suppose to go in. Not even because of the fed charges. But he was senteneced to everything the same day.


If he has a court order from the State that it would run that way, when at the end of his time, they detain him at the hearing, submit that proff that the time was served

You need to have the person who transcribed this and check their original records to see if it was written in the report incorrectly. You can then challenge the order on those grounds.

But what the judge actually "says" while should be, it is the actual order he signs.

That's Very true... Thank you so much for your help.


You need to have the person who transcribed this and check their original records to see if it was written in the report incorrectly. You can then challege the order on those grounds.

But what the judge actually "says" while should be, it is the actual order he signs.