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Arkansas General Prison Talk, Introductions and Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Arkansas that do not fit into any other Arkansas subforum. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind in addition to prison.

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  #1  
Old 06-14-2016, 09:04 PM
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McAbeesCowgirl McAbeesCowgirl is offline
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Unhappy Intro--McAbeesCowgirl

Hello Im new to PTO. So I hope i do this right. My situation goes like this. My husband was arrested in Missouri Jan 14th. He spent 16 days up there before Washington County AR finally came to get him. He was held in the county jail until March 30th when he finally went to court and plead guilty to 2 Felony FTAs and NONSUPPORT. He was sentenced to 180 days in ACC. At trial the judge said she would give him 60 days credit and his sentence would count forward from that day March 30th. He then spent 2 months and 7 days in county where he made trustee waiting for them to send him on down to SWACC. If his time was being counted like we thought he should have been released July 19th. But now SWACC says he is Eligible for Transfer Sept 16th and eligible for release Feb 2nd!! Can anyone explain to me how a 180 day sentence changed to a 13 month sentence when hes never been in trouble since hes been in jail??
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Old 06-15-2016, 06:34 AM
CenTexLyn CenTexLyn is offline
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Setting aside that trusty status in a county jail rarely counts for additional time credits against a prison sentence, the other question is whether the sentences may have been stacked, either by pronouncement or by operation of law.

Some jurisdictions take the failure to pay required support VERY seriously and I could easily envision those criminally prosecuted not getting to see their sentences served concurrently...
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Old 06-15-2016, 08:54 AM
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Thank you for replying to my thread. I didn't expect his trusty status to get good time I just meant I know he didn't do anything to get time added since he was well behaved enough to make trusty.

So they can ignore what a judge said for his sentence? Which was that all 3 charges were to run concurrent and would be for a total of 180 days with credit for 60 days of time served before his court date?
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Old 06-15-2016, 07:38 PM
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If the law is that the charges are to be stacked, then yes, they can ignore what the judge pronounced orally. If the law is that the sentence and judgment has to show, in writing, that they are concurrent and that finding is not entered, then yes, they can ignore what the judge pronounced orally.

I don't practice in that jurisdiction. I don't know the tenor of the law in that jurisdiction. I simply put forth something that you have to look at...
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Old 06-15-2016, 09:40 PM
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I have what the judge said in writing. Offense numbers 1,2&3 say they shall run concurrent.
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Old 06-15-2016, 09:42 PM
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What I have are his stamped court papers they say 180 days for each offense and they each have marked concurrent.
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Old 06-15-2016, 10:25 PM
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I don't know how all of that works in Arkansas, but your husband may have to file a grievance with copies of the paperwork to back up his claims.
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Old 06-16-2016, 06:23 AM
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Quote:
Originally Posted by McAbeesCowgirl View Post
What I have are his stamped court papers they say 180 days for each offense and they each have marked concurrent.
But what does the LAW (you know, the State statutes) say about sentencing for those specific offenses? THAT is what matters here...because if it says something other than what is on the court documents, the law controls. It really IS that simple...
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