How does the concurrent and consecutive sentencing work?
Fitzgerald, GA |
My friends papers says sale of marijuana 3 years concurrent to 5yrs of possesion of firearm. Entering auto 5yrs consecutive to 5yrs of posession of firearm. His public defender said he would serve 5yrs if that. I am confused.
His total sentence is ten years. Concurrent means the sentences run at the same time and consecutive means they are stacked on top of each other. His PD may have been estimating that he woould serve five years before being paroled. If so, he would still have 5 years of parole to complete.
As stated previously, concurrent sentences are running at the same time and a consecutive sentence will run after the expiration of the one before it.
Are you sure the consecutive 5 years is to serve in incarceration and not on probation? Perhaps that's what the PD meant.
Otherwise, you can look at the parole grid (google it for Georgia or try to find it on the department of corrections site) for estimated times before parole.
Legal disclaimer: Brian Tevis is licensed to practice law in the State of Georgia. All information given is based only on Georgia law and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state-specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
It is important to know what portion of these sentences is designated as incarceration time and what portion is probation time. It looks like there is a total of 10 years but some of that may be probated. You shouuld get a copy of the written sentence, which is public record, and see if that clears things up.