this would occur if an inmate had already served 3 years or more and then went back to court and got 5 years for another offense. Would he get credit for the 3 years already served? (Even if the judge did not order it) I understand there is some kind of new law to this effect and need to find out for someone.
209416
We need some more information to be able to answer... what is the jurisdiction? Most sentencing laws are at the state level, and we would need to know what state you are in to be able to look into it.\n\nI can find no law anything like what you refer to. Even if there were, it doesn't sound like your husband's case would apply, because time served for one crime is NEVER applied to a sentence for another, unless a sentence specifically says that the two convictions are to be served concurrently.
400321
You are lucky to have been given a third chance. Generally speaking the case would have been dismissed (in my state) after the second no show.
194196
Well it seems to me that person should not have to keep on paying forever.  If a person fulfilled all of the requirements that were specified by a judge eg:  served their time, did their probation, went to their classes, or whatever they should get their rights back.  Once you get into trouble the system works against you.  It becomes about 100 times harder to get a job or a place to live and that's after you've done the time.  Besides let him who is without sin cast the first stone.  How many people have driven drunk and not gotten pulled over?  How many people have been publically intoxicated and not gotten put in jail?  Who has ever stolen anything?  Or lied (yes, it's a punishable offense)?
342669
A wise and experienced judge weighs both justice and circumstances.  The purposes of imprisonment in this case would be to ensure the crime is not committed again (done, by virtue of his being too ill to drive ever again) and to ensure that he is made to pay a price for what he did (done, by probation).\n\nIf an 89-year-old man went outside with a shotgun and purposely murdered people, that would be different and I believe handled differently by a judge.  This was, for the most part, an accident.  I agree that there is no reason to spend taxpayer money to imprison a very ill man when he will surely never drive again and is experiencing punishment that probably goes beyond what prison could inflict upon him anyway.
264374
Failure to Register which is a 5 year prison term. Also, he will be charged with violating probation, which can carry his original sentence. He is definitely looking at prison time and probation when he gets out of prison. He will also have the GPS on when he gets out.
188248
He goes to court like I am assuming he did when he got probation. The judge will determine what provisions he did not comply with. Sometimes they do revocate them and send them to prison for some or all of the remainder of thier probation time. That does depend on alot of things, why he is on probation and what he didn't comply with. Like not paying his fees, etc..... but that doesn't always happen so just wait till he goes to court. Good luck not an attorney here either I do work for a prison and see alot of guys come in on a revocation.
304760
Not all cities turn thier traffic offenses into the national or state data bases.  don't know why but they dont'.\n\nAnd often while it would show up, a ticket over 3 years ago is not normally taken into consideratioini.\n\nAnd then on the 5 month old ticket, often it can take months for some departments to show thier convictions onto the state system.\n\nso it is possible, he did not worry about a 3 year old ticket and the other one is not in the system yet.\nwith court backlogs, I have seen it take 5 months to a year for some courts to enter the information into the state system.
430780
If charges are filed, persued and she is found guilty how long she will serve depends on what State she is in, what the exact charges filed would be, and who the judge doing the sentencing is.  Sometimes in these cases, depending on the jurisdiction, probation is possible.  Also,  what he did and his past record of bad/criminal behavior is irrelevant to how much time she will serve.
75293
Your question was a little unclear.  What I think you mean to ask is can he leave one state where he is incarcerated to face charges in another state.  If that's the question the answer generally is that the new or open charges in another state generally will wait until you are done with your present committment and then instead of releasing you, they transfer you to the other jurisdiction.  If this was not exactly the question, ask again more specifically.
489424
If this was not his first offense, I would assume he has a probation/parole officer.  If so, have him contact his PO and turn himself in.  If it was a first time offense, call the DA and have him 'turn himself in'--he will probably be arrested on the warrant, but could be out on bail in a few hours.  Taking the first step by voluntarily surrendering will be much better for him in the eyes of a judge than being stopped for a minor traffic violation and arrested on the warrant because he got 'caught'.  Added plus is that if he is guilty--turning himself in may influence the judge's decision at sentencing.
76648
there is no real average for this crime as it has many factors that govern sentencing. if the car was taken during the commission of another crime, if you  have prior convictions, was the car taken while the owner occupied the car, etc. If you average the time it usually comes out to about five to ten years in a state facility.
520377
So they arrested him for theft and then after arresting him added the charge of…statutory rape?  They can do that, and the fact that he was already in jail on another charge when they did it doesn’t matter.  It’s 2 different charges, so he's facing additional fines/time/etc.  There is nothing that your friend can do to help him.
412865
Depends on the state. Check your state's DMV website. And learn a lesson, will you? First time is an accident, second time is just plain stupid and that is exactly how a judge will look at it. Your second chance was to take the class but a second offense has you well on your way to habitual offender and you're back on a bike.
357424
I assume your question is ...\n\nYou were wrongly accused, found guilty, and served your full sentence for killing someone.\n\nUpon your release, you saw this person, then killed him. Could you be charged again?\n\nAnswer.  No. You already served time for that offense. However, the law can play tricks on you, and they would most likely charge you for a different crime, such as crossing county lines to commit a felony.  \n\nThey will find something, and your sentence will probably be longer or worse because you're already a convicted felon.\n\nWhether I'm right or wrong ... I love your question! Best I've seen here so far!  Keep it up!
491312
it depends on a number of factors.He still might get probation,if he has been in compliance with his current probation. Tell him to ask for a public defender,or hire an attorney.
177717
===========\nIndiana Code IC 35-41-4-2\n\nPeriods of limitation\n\n(a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:\n\n(1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony.\n===========\n\nNote: However, if a Class B or Class C felony that would be barred from prosecution under the section above involves the use of DNA to establish the identity of the offender, prosecution may be commenced within ONE year of the earlier date that the state either (1) first discovers the offender's identity using DNA evidence, or (2) could have discovered the offender's identity using DNA evidence if due diligence was used.
412255
Depends on certain factors such as first offence, alcohol/drug levels, speed and contributing factors such as weather, whether or not the pedestrians involved stepped out in front of him etc.  The judge will have taken this into consideration at the time of passing down his sentence.  How long he will be in prison for will also depend upon when he can qualify for parole.