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Author Topic: Judgement - Sentence to Illinois Dept of Corrections.  (Read 5203 times)

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Offline Das

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Judgement - Sentence to Illinois Dept of Corrections.
« on: August 14, 2015, 06:20:26 PM »
I am totally confused. My son was given total of 16 yrs between 4 cases. I am trying to understand this form. I have four of the sentence mittimus papers. 1 for each case.   They have credit for time served on each of the papers, and 3 have the same dates on them. County jail, rehab, electronic monitor.  Will they have to give him that time on each case if it is listed on the paperwork signed by his atty, the states atty and the judge.  Also nothing is marked as to the percentage that he is to serve.  One charge is agg partic in meth manufac, class x. 2nd is meth manufac. class 1, 3rd is unlawful poss of meth manufact mtls class 2 and 4th is unlawful poss of meth manufact mtls, class 2.  I also read somewhere about double jeopardy on similar case. Aren't these all similar? They gave him consecutive on all four.  His IDoc says his admission date is 4/16/15 parole 8/28/21. Yet in the sentencing info under each case custody date is 8/28/13 . Confused. The online court records search shows case 1 x to 6yrs from 04/15/15 to 04/15/21  2nd shows class 1 is 4 yrs 4/15/15 to 04/15/19.  3rd class 2 shows 3 yrs 04/15/2015 to 04/15/18 and 4th class 2 says 3 yrs from 04/15/2015 to 04/15/2018. That looks concurrent but I again am so confused. Trying to do the math ain't easy especially when I feel information contradicts itself.

Offline tkesde1

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Re: Judgement - Sentence to Illinois Dept of Corrections.
« Reply #1 on: August 14, 2015, 09:44:10 PM »
It is all confusing. He got 16 years total at 50%, that's 8 years. They started the clock when he went into custody on 8-28-13 (credit for time served). It looks correct to me.

Hang in there!
He's home!

Offline BobNBecka

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Re: Judgement - Sentence to Illinois Dept of Corrections.
« Reply #2 on: August 14, 2015, 11:40:01 PM »
Class X are usually 85%, it's usually in the sentencing papers from court.  That's my hubby's charge, but lawyer made 50% part of the plea (85% can't receive good time either).  My hubby had 3 cases, but they ran them concurrent and the meth case controlled it at 9 yrs, so he's spending 4.5 total behind bars, only 3.5 in prison, because he was in county for almost a yr of it. 

The papers you have, one should say "controlling case" on it, meaning they are concurrent and the controlling case is the time he's spending.  If it's consecutive, then they stacked the cases up and he'll spend the TOTAL of all 4 cases separate. 

He must have received county credit, so subtract those days from the total sentence.  Custody date on DOC refers to the modified date for county time, counted back from plea date.

Double jeopardy only is in effect if charges are THE SAME, my hubby had meth and anhydrous, two different cases but where not double jeopardy because the charge wasn't THE SAME.  Ran concurrent so it didn't matter, but originally they wanted to stack them up, and they said those where not close enough.

And he will receive county time for each case, if consecutive.  My hubby's was concurrent, so they ran the county days 'together' and only gave him the highest amount of days, others where considered dead time.  Argued with the records department for a while about that - 67 days of dead time sucked!

Hope that helps. 

But tkesde1 is right - looks like 16 yrs at 50% - 8 years....8/28/13 - 8/28/21 (custody date is day he went to receiving)

Offline BobNBecka

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Re: Judgement - Sentence to Illinois Dept of Corrections.
« Reply #3 on: August 14, 2015, 11:41:38 PM »
* not receiving, JAIL

Offline Forevermah

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Re: Judgement - Sentence to Illinois Dept of Corrections.
« Reply #4 on: August 15, 2015, 07:06:04 AM »

Das, how much credit did he have with the county, rehab etc, total for everything?



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Offline Das

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Re: Judgement - Sentence to Illinois Dept of Corrections.
« Reply #5 on: August 16, 2015, 09:54:15 PM »
Thanks everybody>Sentenced on April 15, 2015     lets see the the 1st class 2. says credit for time served in custody from 6-19-13 to 7-9-13 (county jail)  from 1-30-14 to 4-25-14 (county jail) from 4-25-14 to 7-2-14 (res treatment) 7-2-14-to 7-17-14(county jail) 2-19-15 to present(countyjail)  Elect monitoring 11-7-13 to 1-30-14 & 7-17-14 to 2-20-15.

2nd case class 2 says credit for time served in custody from 9-19-13 to 11-7-13 from 1-30-14 to 4-25-14 from 4-25-14 to 7-2-14 (res treat)    7-2-14 to 7-17-14    2-19-15 to present  Elect monitoring 11-7-13 to 1-30-14 & 7-17- to 2-20-15

3rd case  class 1 says credit for time served in custody from 1-30-14 to 4-25-14 frpm 4-25-14 to 7-2-14 (res treatment) from 7-2-14 to 7-17-2014   2-19 to present    Elect monitor 11-7-13 to 1-30-14 & 7-17-14 to 2-20-15

last case was class X credit for time sered in custody from 2-19-15 to present.

the dates overlap on the page like going from county to rehab then rehab to county etc. So does he get credit for that day twice?  I don't know where that idoc page date of custody 8-28-13 comes from.  So will he get credit on each case? My head is spinning.  Again thank you for your help.

Offline Das

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Re: Judgement - Sentence to Illinois Dept of Corrections.
« Reply #6 on: August 17, 2015, 01:54:07 AM »
also thanks BobnBecka- two cases are exactly the same -- he has 1 agg partic in meth manu. class X, then Meth manuf<15gms class 1 but the last two are Unlawful Poss of meth manuf materials. both class 2. Would that be the double jeopardy?  also I didn't put his projected dischare of 08/28/24. Projected parole is when he gets out correct? Projected  discharge is 3 yrs later.    I just don't see how anyone can figure out how they come up with this stuff or know if they are doing their number crunching correctly.  I am grateful for all the info. Trying to work and then come home and try to figure this all out along with dealing with lifes issues is exhausting. And here i am still on here at 2am. thanks again yah all.