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mrsbee · #1 06-11-2010, 11:35 AM

As I've mentioned before my husband was on probation in Yolo county when he got picked up for something unrelated in Sac county. Well, we officially got word this week that, 4 months later, Yolo county has finally filled the VOP and has a warrent out for my husbands arrest. He is currently serving time at RCCC (sac county jail) and is set to be released from there mid september. He has no PD in Yolo and the private attorney we originally hired for his case a few years ago is no longer practicing law, so there is no-one I can ask my silly but frusterating questions to.

Anyway, his PO in Yolo and some friends/family that work in the court system and law enforcement are telling me that 'more than likely' any sentence he receives from Yolo for the VOP will run concurrent with his jail time at Sac county. But I don't understand how that is possible when by the time they pick him up for the VOP he will already have served all his time for Sac county!

Can a concurrent sentence be applied retro-activley? And how likely will it be for this to happen? Has anyone in Sac or Yolo ever heard of this happening? Apparently it's farely common but no-one can explain it to me. I just don't understand! Someone, anyone... help!

**Lorraine** · #2 06-11-2010, 11:37 AM

A concurrant sentence is when you are serving two separate sentences at the same time, as opposed to serving one after the other. But I don't know anything about how it could happen in your man's situation, sorry.

Shad's BabyGirl · #3 06-11-2010, 11:44 AM

When my hubby was doing time for orange county he had a hold from la. I asked his lawyer if he would be able to serve both concurrently and he said most counties don't work like that. So i think it differs from county to county.

mrsbee · #4 06-11-2010, 11:49 AM

Quote:

Originally Posted by Lori1817

A concurrant sentence is when you are serving two separate sentences at the same time, as opposed to serving one after the other. But I don't know anything about how it could happen in your man's situation, sorry.

I called his Yolo PO and she advised me to call the public defenders office and request a transfer so he could begin serving time in Yolo but when I called them they told me it 'didn't work that way' and that the judge is the only one that can transfer him and he wont do anything until my husbands released. So of course that just made everything a hole lot more confussing!! Sorry for the typo, by the way.

2sleepy · #5 06-11-2010, 05:40 PM

I think he needs to ask for a public defender in Yolo County, I am surprised they didn't assign him one.

Tara · #6 06-13-2010, 02:09 PM

My husband is doing his time right now concurrent. However they did not retro action it. He was added 6 months to time. If they would have done that he would be home already.

shamus · #7 06-18-2010, 09:43 PM

"Can a concurrent sentence be applied retro-activley? And how likely will it be for this to happen?"

1. can he be given credit toward his Yolo case when he was serving a separate, unrelated sentence in Sac county? Technically, yes, if the DA/Probation Officer agrees to it.

However, they may or may not challenge those credits under People v. Joyner and In re Rojas (I don't have the case citations handy), but in general, those cases say that a prisoner serving a separate and unrelated sentence (e.g. in sac county) is not entitled to dual conduct credits (e.g. toward his yolo case).

2. How likely will it happen? I work in a county where it happens frequently, especially on non-violent offenders. However, each county, indeed, each courtroom will be different.

If a VOP has been filed in the Yolo case, the warrant will issue and Sac County should transport him to Yolo to hear the VOP. Have him tell his PD in Yolo that he was in custody in Sac and see if DA or PO in the courtroom will agree to the credits.

good luck.

-S

Justis4all · #8 07-03-2010, 06:31 PM

Your husband should contact the Public Defender in Sacramento County and request an in-custody visit. He should be entitled to speak with an attorney in Sacramento County to discuss the validity of the VOP.

Is the warrant that has been issued out of Yolo County based on the violation or a new charge?

I know RCCC is a nightmare for visits and contact. If your husband is unable to see a Public Defender in Sacramento, which I do not foresee. If all else fails, you can contact the Yolo County Public Defender Office or his Parole/Probation Officer (I don't know your husband's status) on his behalf to let them know what is happening. Someone, at some point, should lead you in the right direction.

I suspect that the VOP is related to violating the terms of probation/parole.

Quote:

Originally Posted by mrsbee

As I've mentioned before my husband was on probation in Yolo county when he got picked up for something unrelated in Sac county. Well, we officially got word this week that, 4 months later, Yolo county has finally filled the VOP and has a warrent out for my husbands arrest. He is currently serving time at RCCC (sac county jail) and is set to be released from there mid september. He has no PD in Yolo and the private attorney we originally hired for his case a few years ago is no longer practicing law, so there is no-one I can ask my silly but frusterating questions to.

Anyway, his PO in Yolo and some friends/family that work in the court system and law enforcement are telling me that 'more than likely' any sentence he receives from Yolo for the VOP will run concurrent with his jail time at Sac county. But I don't understand how that is possible when by the time they pick him up for the VOP he will already have served all his time for Sac county!

Can a concurrent sentence be applied retro-activley? And how likely will it be for this to happen? Has anyone in Sac or Yolo ever heard of this happening? Apparently it's farely common but no-one can explain it to me. I just don't understand! Someone, anyone... help!

Gryphon · #9 07-04-2010, 09:14 PM

Quote:

Originally Posted by mrsbee

Well, we officially got word this week that, 4 months later, Yolo county has finally filled the VOP and has a warrent out for my husbands arrest.

The Yolo PD gave you good information. It doesn't work that way.
It would be VERY unusual for Yolo to do an Order of Production to haul him to Yolo. Instead, they'll deal with him when he is being paroled. The do it that way because they might be able to give him years more time on a felony (rather than 1/3 the middle term if it is added to an existing sentence).
He needs to file a Motion for Speedy Trial. RCCC will be able to help him do that. The procedural law on VOPs is confusing enough that Yolo will probably transport even if they don't think they have to.
One he's there, he can be sentenced and he will have an attorney. One of the things a Judge can do is to impose concurrent time. That isn't usual on a VOP in Yolo, but would happen if it is a misdemeanor probation violation.
The Sacramento PD won't know anything about a case in Yolo Co., so I doubt you'll be able to get any information from them. They can't even confirm that he HAS a warrant out of Yolo (that is a law enforcement database).
Speedy trial motions are very technical. If they aren't done exactly correctly, the clock doesn't start. Take a look at PC section 1381 for more information.