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My daughter is serving an eight year prison sentence in

My daughter is serving...

My daughter is serving an eight year prison sentence in Nevada. She has an interstate agreement from Arkansas. Looking for forms to request her sentence in Arkansas run concurrent with Nevada.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

She is serving in Nevada and was paroled from Arkansas to Nevada. Arkansas is now saying they put a hold on Megan which prevents her from participating in any of the programs that the Nevada Dept. of Corrections offers female prisoners.

Lawyer's Assistant: Have you talked to a lawyer yet?

No. There isn't any room in the family budget for a lawyer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Megan had a parole violation in 2015 in Nevada (failed drug tests and a car accident, the other driver was killed). She was sent back to Arkansas where she served another 12 months and was paroled back to Nevada. Megan pleaded or pled? guilty to the DUI which caused death and is now serving 8 - 20 years. If Arkansas doesn't run her charges and time concurrent with Nevada, Megan is not eligible for programs in Nevada DOC and she just sits there which doesn't look good to the parole board.

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Answered in 7 hours by:
11/15/2017
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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To clarify, is the sentence in Nevada stemming from her case in Arkansas? In other words, her case was transferred to Nevada, it is not a separate additional case/criminal charge than the one in Arkansas?

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Customer reply replied 8 months ago
Her case in Arkansas is separate from her case in Nevada. Megan paroled from Arkansas to Nevada to live with me, her mother. The first parole was June 2014, she violated her parole and was sent back to Arkansas. She served another 5 months in Arkansas for previous drug charges and was paroled again in November 2014. In March 2016 Megan crossed the line on the highway, hit a car head on and killed the driver. She is now serving 8-20 for a DUI resulting in death. Megan had drugs in her system but none with her.
Customer reply replied 8 months ago
I had the dates wrong.
August 2014 paroled from Arkansas to Nevada to live with me
March 2015 accident other drive killed. Serving 8-20 years in Nevada
October 2015 parole violation
December 2015 Arkansas picks Megan up in Nevada
August 2016 paroled to Nevada 2nd time
March 13, 2017 Pled guilty to DUI resulting in death, taken into custody in court
July 2017 transferred to Florence McClure Unit, Las Vegas, NevadaArkansas has put a hold on Megan which prevents her from taking advantage of courses, work programs, etc. She is just sitting there which doesn't look good to the Parole Board. We are searching for a form asking for her charges in Arkansas run concurrent with her prison sentence. We have made many attempts asking Arkansas for the appropriate forms and they have no idea what I'm talking about. Hope you can help.Thank you,Ralene Amirr

Thanks for the additional information and clarification.

There actually is not a form for requesting that the sentences run concurrently.

(..which would be the reason Arkansas has not been able to provide you with any forms).

This is something that is usually negotiated by her defense attorney at the time she accepts a plea or is sentenced.

In order to try to get the sentences to run concurrently now, she will need an attorney to draft a motion and argue it in court in Arkansas.

It will be in the judge's discretion to grant this. There's nothing in the law that requires the judge to make the sentences run concurrently. Hopefully the judge will be lenient and understanding ..as many persuasive reasons should be listed in the motion as possible, including the programs your daughter is attempting to enroll in but has been unable to.

I hope that helps clear things up!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
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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).

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