What happens with separate cases and jail time? Civil for child support and felony charges. Sentences stacked?

Asked almost 2 years ago - Houston, TX

friend is not paying child support and is going to jail. while in jail he has criminal felonies pending and if sentenced for those while in jail what happens with the sentence? will the 6 months for non payment of support be added to whatever time is received for the felonies? Criminal defense and civil case help

Attorney answers (2)

  1. Fran Brochstein

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Civil and criminal cases are totally separate. Your friend needs a criminal lawyer immediately.

  2. Evan Edward Pierce-Jones

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Ms. Brochstein is correct.

    I would add that when a defendant is held in jail pre-trial on a criminal charge, the defendant is entitled to credit for that time at sentencing, with a few minor exceptions that are very rarely applice these days. The key is whether the jail is listing the criminal cases as being reasonas for holding the defendant in jail.

    This is a question the defendant needs to discuss with his lawyer. Even if he has only a family lawyer, that attorney will surely know a criminal lawyer that can be consulted.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more

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