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  #1  
Old 12-22-2009, 04:41 PM
Aunt-T Aunt-T is offline
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Default From Consecutive to Concurrent

What do I need to do in order to file with the state to get my nephew sentence to run concurrent?
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Old 12-22-2009, 05:31 PM
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thugwife thugwife is offline
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I dont think you can do anything about it. When he is sentenced, it is "usually" the judges decision on how to run it. If your nephew has an attorney, then they can request it to be run a certain way. IF he has been final sentenced, I am "almost" certain they cant change it. (I could be wrong, but unlikely).

It will be up to the judge, jury (if it was a trial) and the attorney.
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Old 12-22-2009, 07:15 PM
skyman skyman is offline
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It was most definetly up to the judge at the time. When they choose to sentence consecutively its because they want the defendant to serve a greater amount of time. Your only recourse is to appeal the sentence which you are entitled to do.
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Old 12-22-2009, 07:23 PM
jason77 jason77 is offline
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its up to the judge and the d.a.
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Old 12-22-2009, 07:42 PM
DianeDavis DianeDavis is offline
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Quote:
Originally Posted by Aunt-T View Post
What do I need to do in order to file with the state to get my nephew sentence to run concurrent?
Consult with an attorney. They usually have free consultations where you can meet with them & ask questions, but I know you would have to have his lawyer submit a request or public defender (whichever). But first, I would get a free consultation with a lawyer & inquire.

Once you find out from him, you can contact his public defender or whoever was representing him at the time of his sentencing & ask them to put in a "motion to withdraw" - Not sure if that's what it's called, but do know it's a "motion" to something...the lawyer will give you the correct terminology for it though. Just call around & find out who you can get a free consultation from (which most lawyers give them) & you should be able to do the consultation over the phone. Good luck
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Last edited by DianeDavis; 12-22-2009 at 07:44 PM..
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Old 12-23-2009, 12:43 AM
Gryphon Gryphon is offline
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Concurrent sentences can happen 2 ways.
The 1st way is when it is part of the plea bargain. That wasn't the case here.
The 2nd way is as an operation of law. That usually happens when there are multiple crimes but only a single criminal act. If this was teh case, but concurrent time wasn't awarded, then it could be brought as an issue on appeal or via writ.

I know a few states where there is a post conviction sentence review that includes "fairness". In most states there is no such thing. If that's the situation, you'd have to set aside the plea in order to receive a different sentence. That could be because there was critical misinformation or perhaps there is newly discovered evidence proving innocence. Usually, any corrections would happen after a Writ of Habeus Corpus.

Before considering withdrawing a plea, consider the alternative sentences. Often a plea bargain was entered into for a darn fine reason, and it is possible to end up with a greater sentence if all goes wrong. This is a decision best made after consulting a lawyer who knows the local playing field.

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What do I need to do in order to file with the state to get my nephew sentence to run concurrent?
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Old 12-23-2009, 07:25 PM
skyman skyman is offline
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Did your nephew plead guilty and if so was there a joint submission for sentencing between his lawyer and the DA or was he convicted?
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Old 12-23-2009, 11:41 PM
YourFriendlyDA YourFriendlyDA is offline
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I see that you are in georgia so I may be able to give you accurate law on this. There is no paperwork that YOU can file unless you're an attorney. There are certain charges in georgia (possession of a firearm during the commission of a felony etc) that MUST run consecutively. To best answer the question, I need to know the date of sentencing, the charge, and the sentence... county helps but isnt essential.
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