QUESTION
Do I serve my sentences at the same time or consecutively?
Asked on Nov 11th, 2011 on Criminal Law - California
More details to this question:
If a person In the state of California is charged with these Sections, 23152(a) VC, 11550(a) HS, and 14601.2(a) VC. And is sentenced to 90 days in jail for Section 11550(a), and 90 days also for 14601.2(a) V, does the the person serve the 90 days for each, concurrently or consecutively?
8 ANSWERS
During the sentencing the judge will say if the sentence is concurrently or consecutively. If all charges came out of the same action or arrest then normally the person would serve it all concurrently. His jail time would be 90 days less time for in custody before sentencing and time off for good time work time. The sheriff has control of if a person is released early. Most county jails in California are overcrowded forcing the sheriffs department to release inmates early. On a 90 sentence a person could be in jail for less than a week.
Answered on Nov 14th, 2011 at 3:06 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Whatever the judge said at sentencing at the last case. If he said nothing, it's assumed to be concurrent. You need to ask your lawyer what happened.
Answered on Nov 14th, 2011 at 11:54 AM
Geoffrey MacLaren Yaryan
Only if the judge orders them served consecutively, otherwise they are served concurrently.
Answered on Nov 11th, 2011 at 9:44 PM
Criminal Defense Attorney serving Santa Ana, CA
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Law Offices of Paula Drake
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The sentences are concurrent unless the court said they are consecutive. Many times the court will actually say "consecutive to any other sentence" when you are sentenced on a case. If silent on the issue, they will run concurrent. It only takes one of the sentencing courts to say consecutive to make the sentences run consecutive.
Answered on Nov 11th, 2011 at 9:41 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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That would be specified on the record at the time of sentencing and should be negotiated by your attorney.
Answered on Nov 11th, 2011 at 9:39 PM
Daniel Kieth Martin
It depends on how the judge orders it. I suspect that it was ordered concurrent, therefore actual time would be 60 days.
Answered on Nov 11th, 2011 at 9:37 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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It depends on how the sentence was imposed. The judge will specify if they're consecutive (back to back) or concurrent (at the same time).
Answered on Nov 11th, 2011 at 8:56 PM
Theresa Suzanne Hofmeister
It could be either way - it depends on how the sentence was set up. It sounds as if the DUI, drugs and driving on a suspended license are all part of the same case. Often it would be worked out to be concurrent in that situation. Find out if the sentences were concurrent or consecutive.
Answered on Nov 11th, 2011 at 8:27 PM