Submitted by tooldude on Tue, 12/08/2009 - 02:14
Let's say someone caught a case and got out on bail. The person then got arrested several more times before the first case is disposed. In this case, does sentencing for the open cases can be served concurrently. But if the first case is disposed and he got probation, any cases after that would have on and after sentence?
I was also wondering how some people can get so many open cases. Wouldn't they be held without bail for 60 days?
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Concurrent Sentencing
Unfortunately, there really is no answer, the judge and the district attorney have enormous discretion in terms of what sentence to impose and whether or not to revoke bail. An "On and After" sentence could be a possibility, but the actual sentence will depend upon the deal worked out between the defense attorney and the prosecutor, then have to be accepted by the judge.
Holding a person without bail for 60 days is also called "bail revocation." Revocation depends on a number of factors such as the facts of each case, the persons records, whether he or she was warned by the judge his or her bail could be revoked and so on. Additionally the DA has to move for revocation and the judge must order revocation after a hearing.
The only advice that can be given is to find a skilled criminal defense attorney to argue your case to the court and to the district attorney.
Attorney Kevin Gaughen Jr.