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Author Topic: Concurrent vs. consecutive sentence  (Read 16927 times)

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Offline Sed1971

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Concurrent vs. consecutive sentence
« on: February 12, 2014, 10:32:49 PM »
Hello out there…I wanted to see if your loved one's have been sentenced with a concurrent sentence when they were supposed to get consecutive sentencing…I know the rules out there but I also know that rule gets bent.  My loved one has been sentenced concurrent when he should have otherwise been sentence consecutive terms and is now in another county and being told it is impossible to do the same again.  Anyone have experience with this?

Offline BobNBecka

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Re: Concurrent vs. consecutive sentence
« Reply #1 on: February 13, 2014, 01:14:24 AM »
Serving concurrent when he was supposed to serve consecutive was a slip up on the state's part - they are right he probably can't do it again.    I'd ask a lawyer to be sure.

I don't know the charges and details, but they tried to give my hubby consecutive, but since the charges where considered 'similar' they couldn't because it would be double jeopardy - and he is now serving 4 sentences concurrent, and serving 9 yrs for the 'controlling' case, which thankfully was 50% served.

He was threaten with consecutive, BEFORE I paid for a lawyer.  Paid 8k to get 18 yrs knocked off...sooo worth it to us and our 3 y/o son.

I'd ask a lawyer.

Offline Forevermah

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Re: Concurrent vs. consecutive sentence
« Reply #2 on: February 13, 2014, 07:14:22 AM »
What does his MITTIMUS say, those are his official sentencing papers and should have the sentencing instructions per the court.  IDOC always has the final say so on things too, if error is made.
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Offline jb78

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Re: Concurrent vs. consecutive sentence
« Reply #3 on: February 13, 2014, 08:50:08 AM »
Even if the sentencing order/mittimus says concurrent, if the sentences are required by statute to be served consecutively, and the IDOC notices the error, he will have to serve the sentences consecutively.

Offline Sed1971

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Re: Concurrent vs. consecutive sentence
« Reply #4 on: February 13, 2014, 09:49:18 PM »
Mittimus said concurrent.  I've consulted a lawyer, although the statute says consecutive was required, a judge can always use their own judgement.

Offline BobNBecka

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Re: Concurrent vs. consecutive sentence
« Reply #5 on: February 14, 2014, 12:35:58 AM »
My hubby's mittimus didn't have him getting credit for some county time, so i paid for the transcript from the sentencing hearing and got it fixed by filing a remittance with the judge.

VERY true, a judge can bend the rules, my hubby's class X by statue says 85% served, the judge agreed to 50%.

And IDOC has the last say, the states attorney said he'd be credited 448 days for county time, and IDOC said no, just 224 - day for day.

Offline Mrs. G

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Re: Concurrent vs. consecutive sentence
« Reply #6 on: November 21, 2015, 08:44:49 AM »
When an Illinois judge sentences an individual to a consecutive charge(mittimus states consecutive) but IDOC runs it concurrent to their other charge, what would be the steps to rectify this?  Anyone know?

Any information would be great.
Thanks



Offline Forevermah

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Re: Concurrent vs. consecutive sentence
« Reply #7 on: November 21, 2015, 10:43:50 AM »
When an Illinois judge sentences an individual to a consecutive charge(mittimus states consecutive) but IDOC runs it concurrent to their other charge, what would be the steps to rectify this?  Anyone know?

Any information would be great.
Thanks


Are you sure this isn't happening:

http://www.illinoisprisontalk.org/index.php?topic=32163.msg244412#msg244412
Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”

Offline Mrs. G

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Re: Concurrent vs. consecutive sentence
« Reply #8 on: November 21, 2015, 12:14:36 PM »
No, I am positive it is stating consecutively charged but IDOC is running it concurrently.

Concurrent sentences: When sentences run concurrently, defendants serve all the sentences at the same time** This is what is currently happening..**
Consecutive sentences: When sentences run consecutively, defendants have to finish serving the sentence for one offense before they start serving the sentence for any other offense. **But this is what was charged on the mittimus **
 



Offline Forevermah

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Re: Concurrent vs. consecutive sentence
« Reply #9 on: November 21, 2015, 12:40:26 PM »
I know, but IDOC has the final say so, and if the law states that it has to run either way, they go by that.
Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”

Offline Mrs. G

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Re: Concurrent vs. consecutive sentence
« Reply #10 on: November 21, 2015, 01:56:53 PM »
Thank you.. Forevermah.... But .. Hmmmm.. ok.. I'm confused. "if the law states"...
If the judge states one thing and IDOC states another,  what is the "right" law here then?



Offline Forevermah

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Re: Concurrent vs. consecutive sentence
« Reply #11 on: November 21, 2015, 05:40:56 PM »
IDOC goes by the Statutes  ....  the judges can say one thing, but the IDOC goes by the statutes.

Quote from jb78:

"Even if the sentencing order/mittimus says concurrent, if the sentences are required by statute to be served consecutively, and the IDOC notices the error, he will have to serve the sentences consecutively."
Do not value the "things" you have in your life - value "who" you have in your life....



“Instead of thinking about what you're missing, try thinking about what you have that everyone else is missing.”

Offline Mrs. G

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Re: Concurrent vs. consecutive sentence
« Reply #12 on: November 21, 2015, 09:18:16 PM »
Thank you very much for the explanation.   :wc38:



Offline tkesde1

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Re: Concurrent vs. consecutive sentence
« Reply #13 on: November 22, 2015, 07:15:34 AM »
Mah is 100% right. We ran into this. Statute overrides everything the judge says, the appellate court has held this up, according to our private appellate lawyer who teaches the class in appeals at a major law school.
He's home!

Offline Mrs. G

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Re: Concurrent vs. consecutive sentence
« Reply #14 on: November 22, 2015, 12:07:14 PM »
Thank you tkesde1.