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

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

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Attorney answers 5

Posted

An attorney can motion the case and correct the mitt.

Asker

Posted

do that take a long time? do u think it can be done by his out date which is 11/13/2013? thank you so much,, we are so nervous

Melissa I. Smejkal

Melissa I. Smejkal

Posted

It can be done this week.

Asker

Posted

Melissa thank you so much,,, that response have just eased my worries... we thought it would take 30 or 60 days ... thank you .. i'm about to contact his lawyer and just ask him to motion it to court.

Posted

The mitt. can be corrected by motion.

Asker

Posted

do that take a long time? do u think it can be done by his out date which is 11/13/2013? thank you so much,, we are so nervous

Posted

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 question. This comment does NOT create an attorney - client relationship. An attorney should be contact directly and given the full details of the specific circumstances in order to be best able to assist in the issues at hand.

Asker

Posted

thank you elizabeth for all your help with this matter. I talk to the record department this is what he told me. He said that on the case he went to court for it ran concurrent but they gave him one credit day. However, the one day is for when he first got the case he sat in champaign co jail for one day and bonded out. Then he said that it ran concurrent with the case he is serving time for now but the judge did not put the credit days on the mitt for the case he is on now. Then it says concurrent. He said the only way he can grant the concurrent is if the judge send him the credit days for the older case that the new case is running concurrent too. Im so confused.. My nerves are all over the place because now its time for him to come home and all this is happening.

Elizabeth Marie Vonau

Elizabeth Marie Vonau

Posted

Ok - can you talk his the attorney who had his case last? That attorney could motion the case in and ask to correct the mitt. This would be the easiest.

Asker

Posted

Yes... I talk to him finally yesterday, he said he was waiting for the records from the court. Not really sure what that mean. He don't communicate with me like i believe he should. I paid for the attorney that way we didn't have to worry about things like this happening. Im not sure if my husband should file a motion hisself but not sure if he can do it from jail. Time is not on our side right now. .. Do u know if its motion back to court if it take along time or is it pretty fast?

Elizabeth Marie Vonau

Elizabeth Marie Vonau

Posted

If the case is brought back into court to correct an order and the Judge will correct the order right then the mitt can be changed and forwarded to IDOC within a few days. As a matter of general advice - I have found that the squeaky wheel gets the most attention. If you call everyday and are polite but clear that this is an emergency and you need help and assistance you will be heard.

Asker

Posted

Thank you .. I will do that.. Maybe i'll have more patience and faith in his lawyer... I'm going to call him tomorrow and just ask him to motion it back to court cause i know the credit days are not on the papers.. i check with everyone..

Elizabeth Marie Vonau

Elizabeth Marie Vonau

Posted

That sounds like a good plan! I wish you all the best.

Posted

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

R. Jason de Groot, Esq.,

Asker

Posted

A mittimus is a written document. It can command a jailer to safely keep a felon until he or she can be transferred to a prison. A mittimus also refers to the transcript of the conviction and sentencing stages, which is duly certified by a clerk of court.

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

Asker

Posted

thank you for your response. I have a question.. i think everything is ok.. I just read the jail time calculation book. Can u tell me if i'm write. the judge gave him 1 credit day which thats the day he spent in jail awaiting for trial or sentencing.. He bonded out. He copped out on a seven year sentence a month later this was in 2010. He went to court on OCT 11th 2013 after completing 3 yrs of the 7 year sentence. The judge gave him credit for 1 day that he sat in the county jail in 2010. Then it states: The sentence imposed in this case is to run CONCURRENT with the case # 10cf225235. (which is the case that hold the 7 year sentence.) The Mittimus also states all this information.. I had it pulled by the circuit clerk to verify and the IDOC said it says concurrent 2. Here is what i came up which is illinois lawn .. the judge had to give him credit for the one day on the case which half of 2yrs is 365 which would now be 364. The 364 days is running concurrent with the 7 year sentence when this sentence is over in november thats it.. Its over... Do this sound correct.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

I will be direct with you: without representing the criminal case and examining its exact sentencing order and attending a sentencing hearing it is impossible to state whether that sounds accurate.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Thank you for marking the answer helpful.

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