Do I serve my sentences at the same time or consecutively? 12 Answers as of November 14, 2011

If a person In the state of California is charged with these Sections, 23152(a) VC, 11550(a) HS, and 14601.2(a) VC. And is sentenced to 90 days in jail for Section 11550(a), and 90 days also for 14601.2(a) V, does the the person serve the 90 days for each, concurrently or consecutively?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
During the sentencing the judge will say if the sentence is concurrently or consecutively. If all charges came out of the same action or arrest then normally the person would serve it all concurrently. His jail time would be 90 days less time for in custody before sentencing and time off for good time work time. The sheriff has control of if a person is released early. Most county jails in California are overcrowded forcing the sheriffs department to release inmates early. On a 90 sentence a person could be in jail for less than a week.
Answer Applies to: California
Replied: 11/14/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
Whatever the judge said at sentencing at the last case. If he said nothing, it's assumed to be concurrent. You need to ask your lawyer what happened.
Answer Applies to: California
Replied: 11/14/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
It depends; each person's case is different. Most often these sentences would be served concurrently (all at once) but you need to check with your attorney or see the sentencing docket to be absolutely sure.
Answer Applies to: California
Replied: 11/14/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Either way. It depends on what the judge says. If he says nothing on the subject, the sentences are served concurrently.
Answer Applies to: California
Replied: 11/14/2011
Law Offices of Paula Drake
Law Offices of Paula Drake | Paula Drake
The sentences are concurrent unless the court said they are consecutive. Many times the court will actually say "consecutive to any other sentence" when you are sentenced on a case. If silent on the issue, they will run concurrent. It only takes one of the sentencing courts to say consecutive to make the sentences run consecutive.
Answer Applies to: California
Replied: 11/11/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Only if the judge orders them served consecutively, otherwise they are served concurrently.
Answer Applies to: California
Replied: 11/11/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
It depends on how the sentence was imposed. The judge will specify if they're consecutive (back to back) or concurrent (at the same time).
Answer Applies to: California
Replied: 11/11/2011
Law Office of David Baum
Law Office of David Baum | David M. Baum
It will depend on the terms of the sentenced imposed by the court. Most prosecutors offer a concurrent sentence (at the same time) if you enter into a plea agreement. Check with your attorney or public defender and be sure you know the answer before you enter your plea.
Answer Applies to: California
Replied: 11/11/2011
Kennedy & Roe
Kennedy & Roe | Michael Kennedy
Although some circumstances could support consecutive sentences, such are presumptively concurrent.
Answer Applies to: California
Replied: 11/11/2011
Theresa Hofmeister, Attorney At Law
Theresa Hofmeister, Attorney At Law | Theresa Hofmeister
It could be either way - it depends on how the sentence was set up. It sounds as if the DUI, drugs and driving on a suspended license are all part of the same case. Often it would be worked out to be concurrent in that situation. Find out if the sentences were concurrent or consecutive.
Answer Applies to: California
Replied: 11/11/2011
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    That would be specified on the record at the time of sentencing and should be negotiated by your attorney.
    Answer Applies to: California
    Replied: 11/11/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    It depends on how the judge orders it. I suspect that it was ordered concurrent, therefore actual time would be 60 days.
    Answer Applies to: California
    Replied: 11/11/2011
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