# State + Federal Conviction Questions **URL:** \ **Category:** Factual Questions\ **Created:** [February 23, 2022, 4:38pm UTC](https://boards.straightdope.com/t/state-federal-conviction-questions/960010 "2022-02-23T16:38:42Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [February 23, 2022, 4:38pm UTC](https://boards.straightdope.com/t/state-federal-conviction-questions/960010/1 "2022-02-23T16:38:42Z")
If you’re convicted and sentenced for a state crime, and then later convicted and sentenced for a federal crime, which prison are you sent to, state or federal? And are your sentences usually served consecutively or concurrently? ---
**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\ **Post date:** [February 23, 2022, 4:46pm UTC](https://boards.straightdope.com/t/state-federal-conviction-questions/960010/2 "2022-02-23T16:46:50Z")
The answer, as with most legal questions is: It depends. There are no hard and fast rules, and it remains in the discretion of the sentencing judge to decide both those issues. Generally speaking, it may come down to first come/first serve as to where the sentence is served. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [February 23, 2022, 5:07pm UTC](https://boards.straightdope.com/t/state-federal-conviction-questions/960010/3 "2022-02-23T17:07:12Z")
The trash that murdered Ahmaud Arbery are going to spend the rest of their lives serving time first in the Federal system, then when released from there in the Georgia state system until they are dead. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [February 23, 2022, 5:27pm UTC](https://boards.straightdope.com/t/state-federal-conviction-questions/960010/4 "2022-02-23T17:27:12Z")
Where did you read that they’re first going to serve time for the federal convictions? ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [February 23, 2022, 5:28pm UTC](https://boards.straightdope.com/t/state-federal-conviction-questions/960010/5 "2022-02-23T17:28:19Z")
I’ll try to find the cite, but IIRC it was in the CNN story on their Federal convictions. ---
**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\ **Post date:** [February 23, 2022, 6:46pm UTC](https://boards.straightdope.com/t/state-federal-conviction-questions/960010/6 "2022-02-23T18:46:21Z")
In the thread about the Arbery killers, someone posted **[this information piece](https://www.cga.ct.gov/2008/rpt/2008-R-0565.htm#:~:text=If%20a%20person%20is%20initially%20convicted%20in%20state,person%20will%20serve%20the%20sentence%20in%20federal%20prison.)** about state vs federal sentences, which is probably about as definitive a general answer as you’ll get. With regard to the McMichaels specifically, it isn’t possible to answer the question since they haven’t even been sentenced yet on the federal charges. However, given that their sentences on the state charges are so severe – life with no possibility of parole – and the principle of serving sentences in the order of conviction, it seems most likely that they will remain in state prison for the rest of their lives. The plea deal that was ultimately rejected would have seen them transferred to an allegedly more comfortable federal prison. While I don’t believe the judge gave a reason for rejecting the plea deal, strong opposition by Arbery’s mother was probably a factor. ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [February 23, 2022, 6:51pm UTC](https://boards.straightdope.com/t/state-federal-conviction-questions/960010/7 "2022-02-23T18:51:34Z")
Thanks, wolfpup. That piece you linked answered both of my questions about as well as anyone could expect.