View Full Version : What does running CONCURRENT time mean?


missingmyboodre
10-13-2009, 05:03 PM
I was wondering what does it mean to have concurrent time? and when does that usually happen?

Thanks, Teresa

light at end
10-13-2009, 05:09 PM
Concurrent sentencing is when multiple sentences are served at the same time. If it was consecutive sentencing then 1 sentence is served after another.

Miss_A
10-13-2009, 05:15 PM
In most states, it is up to the judge’s sole discretion as to how the defendant’s sentences should be served. In others, state law requires concurrent sentences for some offenses and consecutive sentences for others.

Onedaycloser13
10-13-2009, 06:42 PM
It all depends on the offense and how many years the judge wants to sentence the offender for...concurrent means that the time will be together...consecutive means they will do one term and then start the next for the next charge.

Mommy4Two
10-13-2009, 10:34 PM
And here's an example... A man has two charges... assault and burglary. For assault he gets 6 years and for the burglary he gets 4 years. For a concurrent sentence he would be sentenced to serve 6 years because both sentences are served at the same time. For a consecutive sentence, he would be sentenced to serve 10 years because the sentences would be served back to back and not together.

*No offense meant to the previous posters.... I understand and learn better with examples and I figured some others that run across this may be the same...:D*

light at end
10-14-2009, 05:18 PM
No worries. Thank you for doing that. I couldn't remember the difference between the 2 so I searched it and that was what I got from a previous post.



*No offense meant to the previous posters.... I understand and learn better with examples and I figured some others that run across this may be the same...:D*

Gryphon
10-15-2009, 02:47 PM
I was wondering what does it mean to have concurrent time? and when does that usually happen?

Thanks, Teresa
concurrent time actually means overlapping sentences. It doesn't have to mean that you get 2 or more cases for teh price of one, but it often does mean that.
It is possible to have concurrent time and get additional time for teh case that runs concurrent. That's because it all depends on whether a sentence is concurrent from teh date of sentencing forward, or whether a concurrent sentence is calculated beginning some day in the past (when the earlier sentence began).

Concurrent time can be an operation of law. That happens when there are multiple crimes that are simply a restatement of a single criminal act. For instance, it is impossible to steal a car without also being guilty of recieving stolen property.
Concurrent time can be withoin the court's discretion. For instance, a judge can consider facts such as a series of crimes that happen in a spree.
Concurrent time can be part of a plea bargain that's being ofered by the DA. Of course, a judge has to sign on to that agreement before it is valid, but a judge will seldom disagree with an authorized negotiation.

ethanjoseph
10-19-2009, 08:31 PM
How do you find out which type of concurrent the judge meant? We are trying to find this out now on federal cases. They were sentenced a year apart but the judge said they could run concurrent. The bop says sentence #2 runs concurrent from the day of sentencing along with sentence #1. Any advice?
Thanks!!!

Gryphon
10-19-2009, 10:31 PM
How do you find out which type of concurrent the judge meant? We are trying to find this out now on federal cases. They were sentenced a year apart but the judge said they could run concurrent. The bop says sentence #2 runs concurrent from the day of sentencing along with sentence #1. Any advice?
Thanks!!!
The BOP definition is exactly what I'd expect based on my experience. If the Judge meant something different, there might be a way to correct the sentencing to reflect the judge's intent. It's probably require the prosecution's participation, though, because it'll involve adding credits that probably weren't really served; or else an entire resentencing.

RobinsMan
11-03-2009, 11:20 AM
I don't think there are two types of concurrent. Concurrent sentences always run from the day of sentencing - minus backtime where it is available which, as I understand it, is not the case for federal - and I don't think a judge has leeway to give credit on a sentence for time not yet served. If he has been serving a sentence for a year and then was sentenced for a new offense then setting the new sentence to run concurrent with the existing one means he doesn't have to wait on the existing sentence to end before he case start serving the new one. It does not mean that the start date for the new sentence is suddenly the same as the existing one. Saying it another way, he does not get credit on the new sentence for time already served on the existing one. In jurisdictions where back time is available the start date of a new sentence is calculated separate from and without consideration of any existing sentence. I do not mean, though, that concurrent sentences cannot start from the same date. I think Gryphons use of the word "overlapping" to describe concurrent sentences is very accurate.

Gryphon
11-03-2009, 11:52 PM
I don't think there are two types of concurrent.
The confusion is that there are two ways to interpret "concurrent". The usual legal way is to run the concurrent time as if it overlaps beginning from the date of the sentence.
However, sometimes "concurrent" is used to describe a sentence that doesn't add any additional time, and to accomplish this you'd sometimes have to run the new crime beginning when the former case was sentenced. This is sort of a slang definition of "concurrent", but it is sometimes what the parties want to achieve as a result of case negotiation. Although contrary to the common legal definition, there is sometimes still a way to achieve the result by stipulating to credits that might be fictional

love_ben
02-17-2010, 11:10 AM
ok i have a question on this i need help with i just hope someones reads this ???
my husband was senteced on jan 22 for driving while revoked and he was on probation for driving while revoked and also on a on another probation for mis motor vech violations ok lets see if i can get this right on jan 22 he was charged with the new drive revoked and charged with the probation violation for the probation of driving while revoked that sent was ran concurrrent to the new driving while revoked so now that leaves the last probation for mis motor veh violations which he goes to court for on march 9 to actvate his time on that the probation officer has said it will be ran concurrent to the time he was already sent because when he was put on probation for mis motor vechecl violation it was wrote to run concurrent with the probation of driving while revoked my question is does that mean it will run concurrent with his time left on his sentece he is pulling now or will it be ran from march 9 when he will be charged with the new probation violation cause right now his relese date is april 1st and his probation violation is for 45 days so if his new time is concurrent to when he will be charged that means he has 21 days that will go over his relese date of april 1 when he goes on march 9 does that mean he wii pull that remaing 21 days or will he pull till april 1st since he has been in since jan 22


i hope this makes sence not sure if i wrote right but if anyone could hel me plesae and i thank by the way we are in nc if that helps in anyway