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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24028
Experience:  Active member of the NYS bar since 1989
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Can a county or jurisdiction ignore a sentence handed by

Customer Question

can a county or jurisdiction ignore a sentence handed by another? My brother was confined two years before court date. Because of his crime and the place the crime took place put him in two different counties. The first county sentenced him and because of the time spent in jail put him close to parole and probation. He pleaded guilty in the second case to have his sentence run consecutively. But now he is been told he will not only serve the first seven years but also and additional seven from the second county.
JA: Since parole regulations vary, can you tell me what state this is in?
Customer: Alabama
JA: Has anything been filed or reported?
Customer: Do not know where to start
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Zoey, JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I compose a reply for you.

Expert:  Zoey, JD replied 2 months ago.

You may have used a term incorrectly. You said he took a plea to have his sentences run consecutively. In fact, he has consecutive sentences -- one after the other.

If it's on the record that his sentence should be concurrent, however, that's not something the counties should ignore. The official accounting of time already served and time left to serve is done by the Department of Corrections. If they have made an error that causes an inmate to be wrongfully detained past his release date, the remedy would be for his lawyer to get the inmate back before the judge on a writ of habeas corpus for the state to show good cause why he was still being held, or if they couldn't to release him.

If one of these cases is a Federal case and the other state, however, that can make a big difference. If the Federal judge did not agree to concurrent time in the first place, the fact that the state judge granted concurrent time is not binding on the Federal Court and Federal Bureau of Prisons would make him serve consecutive time

Expert:  Zoey, JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.