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Old 05-25-2019, 11:35 AM
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Question Status Vacated/Mandatory Release Date/Help?

Hello All!

This is complicated (isn't it always!), but I'll try to explain as clearly as I can.

My family member was granted parole in 2017, spent a few months at a half way house doing really well, then hit a rough spot, and screwed up. He was taken back into custody, re-sentenced to 5 years community corrections (he was going to be sentenced to a rehab program to serve that time, which is something he really wanted)--everything seemed to be on track... until DOC came and picked him up. They took him back to serve his remainder (because he violated his parole, right?). His mandatory release date is February 2020, so I was under the impression that the new charges were being governed by the "seniority" of his previous offense--as in, they were being concurrently served and he couldn't be sentenced to longer than his mandatory release date (I think somewhere in there is where my misunderstanding lies, I'm just not sure where! I'm hoping someone here can help me understand the legal timeline from the perspective of DOC and the county court that sentenced him to CC).

For the past 2 months, county has tried to come pick him up from his current facility and take him back to appear before the judge. He has no idea why. He's contacted his public defender, the judge, and the DA, but no one has gotten back to him to explain anything. I found his court record and it says that his status was vacated several months ago and now his status is "Appear on Arrest Warrant" (so it seems like they've essentially wiped out the previous sentencing to CC and they're starting over with sentencing? Yes?). I don't understand why they'd do that. How could they have been unaware that DOC would want him to come back and serve his remainder? I say "tried" to pick him up, because he's refused to go with them both times. He's afraid that if he goes back to county, then the time he's spent in DOC won't count towards his sentencing in county (I thought it would, but he's really scared and clearly I'm no expert, so I'm not sure how to advise him). Now he's worried that he could be marked as a no show and that could count against him. It feels like he's caught between 2 jurisdictions, both want him to serve time for the violations that are within their bounds, but it feels like no one has a "bigger picture" explanation for how all of the laws apply and ultimately what it all means for him in terms of a timeline (perhaps his public defender has that perspective, but she isn't communicating). He's frustrated and scared of doing the wrong thing, but it's all confusing enough that he's not really sure what the "right" and "wrong" choices are.

Is there a "best case scenario" where he goes back to county, they basically say that his DOC remainder time will count towards their charges, when DOC releases him he'll go to a rehab facility (how would they determine how long he would stay there to satisfy the rest of his sentence? I guess mandatory release doesn't count when we're talking about CC?). What's the worst case scenario? I've been trying to do research on Colorado sentencing laws and I've run into these legal specifics that I can't find the answers to. I don't think his public defender would speak to me. Can anyone help me understand the process and clarify what his options are? I know it would be advice, your understanding of the situation and the law--not official legal advice--but right now having a clearer view would be so incredibly helpful! He's so anxious and scared I think more accurate information is part of the key to helping him think things through and mentally prepare, so that he can stay calm and grounded as he works through everything.

Any help or perspective would be so greatly appreciated!!
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Old 05-25-2019, 04:18 PM
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Generally, once he does appear in that court, that judge will decide what happens to him for their charges. After he finishes with whatever punishments they impose, he may again face a "detainer" for the remaining jurisdiction(s). Credit for time already served, if any, will be decided by each judge who sentences him.

Refusing to appear in court will only delay the time before he leaves his current prison, and any pending charges elsewhere will remain on hold until he does.
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Old 05-26-2019, 06:15 AM
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Only thing I can think of to get a better idea would be to get an attny. Pay for a hr or so of his/her time and ask them.
Sorry not much better help.
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Old 06-10-2019, 12:27 AM
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Quote:
Originally Posted by fbopnomore View Post
Generally, once he does appear in that court, that judge will decide what happens to him for their charges. After he finishes with whatever punishments they impose, he may again face a "detainer" for the remaining jurisdiction(s). Credit for time already served, if any, will be decided by each judge who sentences him.

Refusing to appear in court will only delay the time before he leaves his current prison, and any pending charges elsewhere will remain on hold until he does.
This is so correct. And when he appears to plea out the other charge he sure it’s written in the sentencing order to run concurrent with this current one. Big trumps little so be sure he gets that so DOC will have a correctly calculated release date.
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