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
Criminal Defense Attorney
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.
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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.
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