Criminal Law Questions? Ask a Criminal Lawyer.
Unfortunately, it is legally possible to be charged with two counts of burglary under these facts. As you may know, section 97-17-33 addresses entry into many things, including buildings and cars. If a person enters a building, and then enters a car, as you did here, that person may be charged with two separate counts of burglary. As such, it is not a violation of double jeopardy.
.I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed. .If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied..Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line..Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.
Is it legal for both 5 year sentences to be ran consecutive?
Yes, it is legal for the sentences to run consecutive. While sentences often run concurrently, the presumption is that they are to run consecutively. Meaning, unless the judge states otherwise, sentences will run consecutively to one another.
If that is true... why am I looking at cases previous cases where this type of ruling was said to be wrong?
The number of cases out there measures in the millions. If you wanted to, you could find case law to support just about any position you can think of. If you want to post the case here for me to review, feel free. Otherwise though, I cannot possibly comment on a case I have never seen or heard of.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).