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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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If I break into an autoshop and I am charged iwth burglary

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If I break into an autoshop and I am charged iwth burglary under section# XXXXX and while I'm on the inside of the shop I burglarize a car also that's in the shop adni recieve a multi-count indictment of 2 counts of burglary both under section and statute 97-17-33 of the shop and building, that happen at the same, time, same, lacation, and I receive 2 five year sentences on a plea bargain to run consecutive is this legal? Both charges under one statute same subsection 97-17-33. Also, does this violate the double jeapordy law and is it multiplicious charge rendering one 5 year senctence illegal?

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.

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Customer: replied 3 years ago.
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Customer: replied 3 years ago.

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.

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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.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Customer: replied 3 years ago.


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.

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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.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

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