Do a judge have to put credit days on a mittimus for IDOC to grant a concurrent sentence.

Asked 11 months ago - Champaign, IL

My husband suppose to get out on Nov. 13, 2013 but idoc is stating there was no credit days on the mittimus so they are going to run it consecutive. The record office is saying it say concurrent but no credit days. I thought that would be automatically issued since it run concurrent with his other case. If credit days matter how do I get the judge to add it to the mittimus

Attorney answers (5)

  1. Melissa I. Smejkal

    Contributor Level 18

    11

    Lawyers agree

    Answered . An attorney can motion the case and correct the mitt.

  2. Elizabeth Marie Vonau

    Contributor Level 14

    11

    Lawyers agree

    Answered . Ask the local court clerk for a copy of the sentencing order and mittimus and take it to his attorney to review ASAP. His attorney can then get back in court to amend the mit if there is an error. Concurrent and consecutive mean that he either serves 2 sentences at once or he serves all of one and then all of the second sentence. The credit days are credit for time awaiting trial or transport after he was sentenced. If IDOC indicates that there are consecutive terms and they should be concurrent that is one issue. If IDOC is not showing on the website the credit for time in when you read his projected out date that can just be that the good time credits and credit for time in have not been updated. Please talk to a real person at IDOC and do not just rely on the website for accuracy.

    This comment is being left for informational purposes only and based solely on the information provided in the... more
  3. Michael Douglas Shafer

    Contributor Level 20

    8

    Lawyers agree

    Answered . The mitt. can be corrected by motion.

  4. Alexander M. Ivakhnenko

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Such legal correction must be completed by the counsel of record by a properly filed motion and subsequent appearance in court for the amendment of the original sentence.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Robert Jason De Groot

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . What the heck is mittimus? Is that a mispelt minimus?

    R. Jason de Groot, Esq.,

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