If a defendant is convicted of a number of crimes that carry lengthy prison terms, the difference between consecutive and concurrent sentences can be tremendous. Sentence running concurrently means no Jail time. 15A-1354(a). Defendant must register as a sex offender. Those sentences would run concurrently. A concurrent sentence is when the sentences are allowed to overlap. He will serve the 2 years for theft and then after that serve the further 3 years for criminal breach of trust. He is trying to make parole next year and has a better chance if he can get this sentence run concurrent. He will serve the 2 years for theft and then after that serve the further 3 years for criminal breach of trust. The Accused had previously been sentenced to probation and reformative training. Some criminal statutes, however, require that the sentence for the crime in question be served consecutively to any other crime committed in the same incident. If the judge gives Haydn a maximum sentence on each count and runs the sentences consecutively, the total sentence would be 100 years in prison. When they run concurrently, the defendant serves them at the same time. The first criminal offense requires 10 years of jail time and the second requires 3 years of jail time. In another question I asked a couple of days ago Caicos said: It is in your interests to be sentenced for the dangerous driving while you are a serving prisoner, as you can pay off the fine by serving extra days or alternatively serve a concurrent/consecutive prison sentence for the dangerous driving. This created a system where people convicted of the same criminal offense (e.g. Saeed was also given two sentences of five-and-a-half-years in February. Once the three-year sentence is done, you are finished. The court, however, acquitted and discharged Syed Afendy Ali on a charge with using his position to acquire a three-storey shop office unit worth RM930,000 at the Danau Lumayan Avenue, Bandar Tun Razak from Danau Lumayan Sdn Bhd for … But this does not mean that Najib will have to serve a total of 72 years in jail, as Mohd Nazlan said the jail sentences will run concurrently, or at the same time. Required fields are marked *. He was charged with voluntarily causing hurt. He is currently out on a RM2 million bail in two sureties pending appeal. Because his prison sentences run concurrently , he could be 6.27pm: Justice Nazlan re-enters the court room. On the contrary, consecutive sentences are sentences that are served one after another. In the State Courts, the accused was sentenced to a 3 ½-year custodial sentence and 6 strokes of the cane for the October 2016 charge. When the Michigan judge sentences Haydn on the Michigan forgeries, Haydn’s attorney can ask the Michigan court to allow Haydn to serve the Michigan sentence concurrently with the Indiana sentence. You might be placed on felony probation as part of your sentence. He has already approached the sentencing judge to change the sentence to concurrent and was turned down. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The attorney listings on this site are paid attorney advertising. His PD may have been estimating that he woould serve five years before being paroled. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. For example, assume that a defendant sets a house on fire in an attempt to kill the occupants. Persecution of Religious Scholars. Nov 20, 2020 02:40am. A concurrent sentence is when you are required to serve multiple sentences at the same time. G.S. If you are facing a criminal charge and want to know your legal rights and how you should proceed, do not hesitate to contact us. The same factors that judges tend to consider when deciding on the severity of a sentence (for example, a defendant’s past record) also affect their decisions on whether to give concurrent or consecutive sentences. When sentences run concurrently, defendants serve all the sentences at the same time. (Whether he receives consecutive or concurrent sentences, Haydn might be released early on parole.) The Public Prosecutor also highlighted that the accused actually committed the April 2017 offences while out on bail for the October 2016 charges. Consecutive Sentences Generally, when an offender receives multiple sentences the durations will run concurrently. This can mean that the sentences for each individual offence are increased to reflect the presence of the other offences. Please note that this article does not constitute express or implied legal advice, whether in whole or in part. Typically, the sentence would be for the more serious crime, which in this instance would probably be attempted murder. A consecutive sentence is when jail terms run one after the other. He is currently out on a RM2 million bail in two sureties pending appeal. Things Judges Consider in Ordering Consecutive or Concurrent Sentences. Credit was given for 221 days spent in jail. When sentence may run concurrently with sentence in another jurisdiction. Scenario: X faces 2 sentences of 2 years for theft and 3 years for criminal breach of trust. (For information on unlawfully “disproportionate” sentences—perhaps like 100 years for bad checks—see The Meaning of “Cruel and Unusual Punishment.”). June 30th - … 2. There were therefore 2 sets of charges. The principal sentence in a case with multiple charges is the most severe sentence imposed for a charge within the case. “Time served” is jail time credit the defendant receives from the period he was in jail waiting for resolution of his criminal case. 4. If you are convicted of one count of mail fraud, one count of wire fraud and one count of conspiracy and sentenced to 18 months on each one, then your total prison sentence is 54 months, if the judge says they are consecutive sentences. 5.43pm: Najib is seen pacing in the dock. Your email address will not be published. So, if the judge in the above example were to order that the sentences run concurrently, the defendant’s sentence would be three years—she would serve the two-year sentence simultaneously with the three-year sentence. When sentences run consecutively, defendants have to finish serving the sentence for one offense before they start serving the sentence for any other offense. — Bernama A concurrent sentence is when the sentences are allowed to overlap. The decision can come up when the defendant is convicted of (or pleads guilty to) multiple offenses in the same case (see Example 1, below); or when the defendant is already serving time for a conviction, but is tried later for another crime (see Example 2, below). Sentences to run concurrent. On conviction, the accused may spend either 3 years or 5 years in jail, depending on whether the Court decides that the sentences are rules to run consecutively or concurrently. All rights reserved. (See Oregon v. Ice, 555 U.S. 160 (2009).) On the reasoning above, and upon deciding that the sentences were not to run concurrently, it was open to the Chief Justice to order that the accused serve a total of 5 ½ years in custody. “Mjodo was slapped with an eight-year jail sentence for murder and this sentence will run concurrently with that of possession of an unlicensed firearm and possession of ammunition,” Hani said. 3. Related Articles. ", Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. Bad guys don't like these words because they often describe jail terms: concurrent means at the same time, and consecutive means one after the other in a series.Con artists would rather serve concurrent terms and get them over with, instead of consecutive ones.. Concurrent events happen at the same time, like when thieves make a plan to rob two houses at midnight. Interestingly, the District Judge ordered that both terms run concurrently. Send an email to info@silvesterlegal.com. Sentence under which two or more prison or jail terms are served simultaneously, and the prisoner is entitled to discharge when the longest term specified expires (i.e., sentences of 1 to 15 years and 0 to 5 years means a maximum sentence of 15 years). Najib gets concurrent 12-year jail sentence, RM210mil fine (Live Updates) This means all of the sentences will be worked through at the same time. See CONSECUTIVE SENTENCE. Or, the judge may give the man a total of six months in jail by a Concurrent sentence. Well, let’s say that you are convicted of two felony crimes that occurred during the same incident. The sentence was met with an applause from the packed public gallery. Cumulative punishments are known as consecutive sentences. Again, this does not take into account, good time credits or parole eligibility dates. Offenders who are convicted of two counts of molestation have to face consecutive sentences. In his Grounds of Decision, the Chief Justice made note of the following which are instructive: 1. When they run concurrently , the defendant serves them at the same time. The sentences will run concurrently. The prison sentences will run concurrently. Cumulative punishments (4) The court or youth justice court that sentences an accused may direct that the terms of imprisonment … It also requires the sentencing court to consider whether the punishment meted out to the accused was excessive. Texas Code of Criminal Procedure 42.08 – Cumulative or Concurrent Sentence. In some states, the information on this website may be considered a lawyer referral service. Should I just plead guilty and avoid a trial? ), Example 1: Haydn Goseek was convicted of 20 counts of forgery for forging and cashing 20 separate checks. A concurrent will run along side your present sentence and thus give you a chance to rehabilitate yourself as you are already serving a sentence. The Accused had past brushes with the law which involved violence and property-related offences. When a judge allows an individual to serve jail time for multiple crimes at the same time, it is referred to as a concurrent sentence. Consecutive sentences. In fact, just 4 months after the completion of his reformative training, the Accused assaulted someone with a knife. Prison population: If the prisons are very full, he or she may order concurrent sentences to try to help alleviate the overcrowding. There must be more than just one sentence for them to run concurrently. The main grounds of the appeal centred around the different nature of the offences. 4. Notwithstanding any other provision of law, in the event that a person is convicted of a criminal offense in any court of this Commonwealth and such person has also been sentenced to imprisonment for a term of one year or more by a court of the United States, or any other state or territory, and, at the time of … Whereas, two five year sentences and one four year sentence, if served consecutively, would result in 14 years in prison. There is a formula when counting the days relative to a fine. By ordering that Carl serve his sentences concurrently, he will still go to prison for the length of his longest sentence-- that is, 20 years. The argument forwarded by the prosecution was that if the accused were to serve the sentences concurrently, he would effectively escape being punished for the April 2017 offences. [1] We affirm his convictions and the sentence on count two. , to run concurrently charges are 5 ½ years to 4 ½ years his of! 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