QUESTION

How can we get my boyfriend's jail tiome concurrent to his previous charge after receiving an additional months on jail time?

Asked on Mar 05th, 2014 on Criminal Law - Michigan
More details to this question:
My fiance has been in prison for 10 years now. He received an additional 8 months for assaulting an officer, he wants to get his time concurrent to his previous charge. How would I go about finding an attorney who actually knows what they are doing?
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5 ANSWERS

John J. Carney
You cannot change the sentence once it is given. You must appeal it now and that will not be successful in this case if it was a legal sentence.
Answered on Mar 24th, 2014 at 11:53 AM

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Michael J. Breczinski
In most States crimes that are committed while in prison. (As I assume that this one was) are mandatory consecutive to any sentence that they were serving when the crime occurred. If this is the case where he is incarcerated then nothing can be done.
Answered on Mar 06th, 2014 at 9:19 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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The best way to find an attorney is through a referral from a friend or relative. Otherwise, look through the yellow pages or google "criminal attorney" with your city and state.
Answered on Mar 06th, 2014 at 5:20 PM

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Entertainment Law Attorney serving Kew Gardens, NY at Victor Knapp, Esq.
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It sounds like the 8 month sentence should have automatically merged with the 10 year sentence if it was imposed by a judge in a criminal court. If the 8 months was imposed by the Dept. of Corrections as a "loss of jail time", that's a different issue and the remedy would be an administrative appeal followed by an Article 78 proceeding in court if the appeal fails.
Answered on Mar 06th, 2014 at 5:19 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Look for a very experienced criminal defense attorney in your area. Check for referrals, how many years in practice, if they are part of any professional organizations. Most importantly is how much of their practice they devote to criminal defense. You want someone who at least devotes a substantial portion (at least 2/3 to 3/4 ideally). What you don't want is a dabbler or a general practioner. Ask some of the judge's clerks who they recommend as they see tons of lawyers on a daily basis good, bad, and mediocre. Good luck.
Answered on Mar 06th, 2014 at 5:12 PM

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