My husband had 2 DUI convictions which he violated probation on and is now sentenced to 270 days in county jail for the first, and 360 days for the second. Is it true that these sentences will run concurrently despite them being out of separate courts?
If nothing is stated in the record they will run at the same time. If the judge in either case ordered that the time run "consecutive" then they will run one after the other.
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
Wow. These are stiff penalties! I have never seen anybody get that much time for DUI charges. But of course, I practice in Washington.
From your statement it sounds like the jail in questions serves both jurisdictions (courts). In that case, the sentences should run concurrent unless the orders say otherwise.
For clarification I would ensure that the sentences would concurrently by having it ordered by the judge. Here's the kicker -- one of the judges may not agree to have it run concurrent so have that judge sentence the defendant first. Then the second judge will order his sentence to run concurrent with the first. I wish your husband the best.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Your question is somewhat vague. Are the separate courts in the same county or are they in different counties? You have a better chance of having the cases run concurrently if they are in the same county. However, the judge must make it clear on the record that she is ordering your husband to serve the time and to have it run concurrent with any and all other sentences. It would be beneficial to have both judges agree and have them say it on the record. Now, if they are in different counties then it becomes even harder since judges are not obligated in any way to have their case run concurrent with another county case. It all depends on the judge. I had a client who had 4 cases in LA, 1 case in Ventura, and 1 case in Riverside. Fortunately, I got all judges to agree to have every case run concurrent with any and all other cases.
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