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Consecutive or Concurrent Sentencing for Probation Violation

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  • 03-25-2006, 03:54 AM
    Simba7
    Consecutive or Concurrent Sentencing for Probation Violation
    My husband was arrested Oct. 2005 for DUI. Since he was on probation at the time of his arrest, his PO violated him in Nov. 2005. He was sentenced to 412 days for the probation violation and 6 months for the DUI consecutively. He has to serve the 412 days for the probation violation before he can start the 6 months for the DUI. My question is doesn't a felony trump a misdemeanor? Shouldn't the time he's serving now count towards the felony and not the misdemeanor?
  • 03-28-2006, 08:05 AM
    Mr. Knowitall
    Consecutive sentencing is often applied in situations where the offender commmits two offenses in complete isolation from each other. You don't get a better sentencing deal merely because you commit a more serious (felony) offense - it's usually the opposite.
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