couchiemamma
11-25-2004, 01:01 AM
My fiance is locked up in ulster county cadre program for the past 6 months...he got 3 flat on poss of a weapon...he is eligible for work release jan 2005 now all of a sudden a warrant from albany comes in saying 165.50 crim poss of stolen property ....Can he get a concurrent sentence? what are we really looking at here? please any info would help..thanks
katmat1995
11-25-2004, 02:49 AM
They can run it concurrent with the time he is doing now........it is really up to the Judge
Call them and tell them he is in jail in ulster county. They can still bring him to court and run the charges CC.
Anyway that is what happened to me......but I am not from your state........but like I said. " It is really up to the Judge if he wants to run the time together"
Good Luck and PRayers.
couchiemamma
11-25-2004, 01:21 PM
They can run it concurrent with the time he is doing now........it is really up to the Judge
Call them and tell them he is in jail in ulster county. They can still bring him to court and run the charges CC.
Anyway that is what happened to me......but I am not from your state........but like I said. " It is really up to the Judge if he wants to run the time together"
Good Luck and PRayers.
Thank you for giving me some hope..Happy thanksGiving
amstaffdad
12-21-2004, 02:44 PM
"Sentencing is always a matter of discretion of the sentencing court." Generally, though, if he was alleged to have committed this crime prior to the one he is serving time for, the court will almost always sentence him to a concurrent sentence meaning to run within the time he is serving now. If it is a case he committed while inside, or a later case it is up to the judge to determine, but then the court can impose consecutive sentences. Again bear in mind that sentencing is a matter of discretion and the each court is going to use their own reasoning and logic in imposing sentence, naturally within the guidelines set forth in the sentencing guidelines. So, best thing your man can do is stay out of trouble inside best he can, and get this into a court quickly to get it resolved. Because a prisoners disciplinary record can be used in sentencing now, it is in his best interest to resolve this outstanding matter as soon as possible. This is the reason I am even posting this to let you know to get it resolved as soon as possible, because generally the court will just want to dispose of the matter since he is serving time already and more likely to run it with this sentence through a plea agreement. If he wants to fight the case then its his choice to hold out as long as he can and let the case grow stale. Hope this helps you.