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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 24586
Experience:  14 years practicing criminal defense.
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If a person is sentanced in two counties but they are being

Resolved Question:

If a person is sentanced in two counties but they are being ran conquerant is time served applied to both
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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If a person is sentanced in two counties but they are being ran conquerant is time served applied to both

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Yes, if at least one of the judges ordered that the defendant serve their time concurrently with any other time that they were serving, then they get double credit for the time as they are serving both sentences at the same time.

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If the judge ordered the time to be served "consecutively" that would be back to back so once the one sentence was up, the defendant would have to then serve the second sentence.

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Thanks

Barrister

Customer: replied 1 year ago.

I mean if a person is sentanced to two crimes in two counties but they are ran conquerant is time served in the one county also applied to the other sentance in the other county.

Expert:  Barrister replied 1 year ago.
I mean if a person is sentanced to two crimes in two counties but they are ran conquerant is time served in the one county also applied to the other sentance in the other county.
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Sorry for any confusion...Yes, if a person is convicted of theft in one county and then assault in another county, then the judge in one county will typically run the jailtime in that case concurrently with the time in the other case if it is the more severe case.
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The more minor offense usually gets its time run with the more serious offense. So if the theft case got the person 6 months in jail and the assault case got them 3 months, if the judge orders the time to run concurrent, the person will serve 6 months total..
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Judges don't have to do it this way, but they typically do.
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Thanks
Barrister
Customer: replied 1 year ago.

I guess my question isnt clear enough. Im sorry. My husband had a case in will county where is he received a sentence of 12 moths and 18 months but because of the time served he would basically dress in and out. That case is being ran concurant with a cook county case inwhich it looks like the judge is giving him three years. Will the time served in will county also apply to his sentance in cook since they are being ran conquerant?

Expert:  Barrister replied 1 year ago.
I must be missing something because I think that I answered your question... Let me type out what I think you are saying..
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I understand husband has been convicted in 2 separate counties (Will and Cook) for 2 separate crimes. He has been sentenced by 2 separate judges to 2 separate jail terms (3 years in one case and 18 or 12 months in the other).
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If the 12 months and 18 months is ordered to be served at the same time as the 3 years (i.e. concurrently) then he will serve a maximum of 3 years. But if he served 6 months of the 18 month sentence and then was sentenced to 3 years in the other county, he will serve a total of 3 years and 6 months because he won't get retroactive credit for the time he has already served against the new 3 year sentence.
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Will the time served in will county also apply to his sentance in cook since they are being ran conquerant?
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Yes.
Customer: replied 1 year ago.

He was sentenced in will this past Tues and will be sentanced in cook on the 22st. So he hasnt served anytime yet for either crime. Once he is sentenced on the cook county charge he will then go to stateville. He received most of his time served while being in drug court in will county. It totaled aprox 400 plus days. So because the crime was comitted after he served that time. Can it still be applied in cook county. He is now facing the original charges from 2009 because he just got kicked out of drug court. So, in other words can the will county time served be applied to the cook county time after he goes to stateville. Is that where they process and do the math as far as time served ect? So? Basically what you are saying is since they are ran conquerant his time served in Will will abe applied to both Will and Cook plus the days he is now serving in cook county. So? He could still dress in and out?

Expert:  Barrister replied 1 year ago.
So because the crime was comitted after he served that time. Can it still be applied in cook county.
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I doubt the judge would give him retroactive credit, but I suppose it is possible. Judges can do pretty much whatever they want when imposing a sentence.
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Whatever his longest sentence is is the time he will serve if everything is run together concurrently.
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Thanks
Barrister
Customer: replied 1 year ago.

At first you said time served would apply to both will and cook. I should give you more details His charge was in 2009 in will county second charge 2010 in will and then he entered drug court and spent aprox 400 days in will county for those two charges. then he picked up a new charge in cook in 2013. thus the reason he is kicked out of drug court and now facing all three charges. So again because all three charges are being ran conquerant will time served also be ran conquerant/applied?

Expert:  Barrister replied 1 year ago.
Ok, things keep changing with this scenario. Now there are chages in 2009, 2010 and 2013. So this is at least three separate instances.
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But I would opine that the judge will not run the 2013 jailtime so as to give him credit for the 400 days he has already served back in 2010/2011/2012. That is retroactive credit and judges typically won't do that. Each offense has a penalty that has to be paid after the offense is committed.
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The 2013 charge is completely separate and will be new time. If he gets new time for the 2009 and 10 offenses, the 400 days probably wll apply to those two offenses. But the 2013 will stand on its own and I don't see him getting any credit for the 400 already served.
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Thanks
Barrister
Customer: replied 1 year ago.

 


Even if they are ran conqurent? So the judge has to be specifically asked for that time to appy?

Expert:  Barrister replied 1 year ago.
Let me come at this a different way...
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He has already served 400 days on the 2009 and 2010 offenses.
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Now he has a brand new 2013 offense.
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I don't think a judge is going to give him credit for time he served several years ago on his brand new offense. It doesn't work that way. He will have to serve his 2013 time for his 2013 offense.
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But if he is being prosecuted for the 2009 and 2010 offenses now, in 2013, because he got kicked out of drug court that 400 days will probably apply towards those offenses.
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Whatever he gets on the 2013 charge, he will have to serve. But if he gets more time for the 2009 and 10 charges, that will all be served together now so he actually will be getting credit for three different convictions all at once.
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Thanks
Barrister
Customer: replied 1 year ago.

this 2013 charge is being ran conquerent with the charges from 09 and 10 which he is also now just being sentenced for. So? offense in 09 and 10 are being sentenced in 13 along with his new case in cook. since all three are being ran conquerant and he was sentance for all three crimes now in 2013 and if will used times served towards their sentence wont that time apply to this one as well?

Expert:  Barrister replied 1 year ago.
since all three are being ran conquerant and he was sentance for all three crimes now in 2013 and if will used times served towards their sentence wont that time apply to this one as well?
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There is no hard and fast rule on these things...the judge has the discretion to allow previous time to count if he want it to. He can just sentence someone to some amount of time and give them "credit for time served".
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As I mentioned earlier, I highly doubt any of the 400 days will count towards the 2013 charge, but anything is possible.
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Thanks
Barrister
Customer: replied 1 year ago.


So? the judge in cook would have to specifically be asked to have the 400 applied? or should we let it go and see if its processed that way since they are all being processed at the same time when he reaches statesville.

Expert:  Barrister replied 1 year ago.
the judge in cook would have to specifically be asked to have the 400 applied?
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Yes, the defendant, or their attorney, would typically make an oral motion at the time the judge enters the sentence for "credit for time served" in the case. Then if the judge agrees to it, he could receive credit for the 400 days. Some judges will allow it, some won't.
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or should we let it go and see if its processed that way since they are all being processed at the same time when he reaches statesville.
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I don't think I would let it go because the jails are notoriously bad at computing time served and what you get credit for. If he has to challenge the calculation of time later, he will need to have proof that the judge ordered it. So the court record would show this on his case as the clerks always make this notation on the case jacket when the judge orders it.
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Thanks
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 24586
Experience: 14 years practicing criminal defense.
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