A trial is a trial in which a judge imposes sentences on an accused who has been convicted of a crime. Under California Court Rule 4.425(a), a criminal court determines what type of sentence should be imposed after considering certain factors. If you are charged with a crime in California, it is important that you understand these criminal rules. What are the requirements for probation? What does “concurrent sentence” mean? Will you face a simultaneous or consecutive penalty? A successive penalty plan is when a court imposes two or more jail sentences and you serve one sentence immediately after the other. This legislation provides for a mandatory minimum sentence of 2 years and provides for consecutive sentences. So, if you are convicted of 5 counts, the judge will have to sentence you to 10 years in prison. (c) If the penalty imposed on the prosecution punishable by the highest statutory penalty is sufficient to bring the sentence to a total sentence, the sentences shall be served simultaneously on all counts, unless otherwise provided by law. […] Simultaneous, consecutive and “stacked” sentences: why a word makes a big difference to Sentenci. The end of most criminal proceedings is the verdict. Two of our top ten articles covered this topic. There can be a lot of confusion between a simultaneous sentence and a consecutive sentence, especially if the words are terribly similar. This article reveals the different types of rates that can be imposed.

[…] California criminal laws recognize and authorize successive and concurrent sentences. Sentences that you can serve at the same time. For example, if you have prison sentences of 10 years and 5 years, you must serve a total of 10 years. (Compare with consecutive sentences.) In the case of concurrent sentences, several prison sentences are served simultaneously or simultaneously, and the prisoner is released from prison at the end of the longest prison sentence. [3] As I said earlier, most white-collar crimes do not carry mandatory minimum sentences and do not require cumulative or consecutive sentences. An experienced defense attorney may be able to help you get a favorable sentence. If your future is at stake, you should rely on an experienced defense attorney who will fight aggressively for you at your hearing. It is important to consider this conviction warrant when the prosecutor threatens to lay charges of identity theft. Often, multiple charges make no difference to the conviction (e.g., 10 cases of mail fraud, which were 10 mailings related to the same scheme).

Here, however, the number of charges is decisive for the verdict. Pre-indictment hearings should aim to limit the number of charges. If you are convicted of mail fraud, one count of wire fraud and one count of conspiracy and sentenced to 18 months each, your total prison sentence is 54 months if the judge says they are consecutive sentences. (a) except [for professional offenders], the penalty to be imposed on a charge for which the law (1) provides for a custodial sentence; and (2) requires that such imprisonment be imposed in conjunction with any other custodial sentence, that it be determined by this Act and imposed independently. A sentence that is deferred until the offender is convicted of another crime. Good time credits work differently for violent crimes such as rape, first-degree burglary, and child abuse. If you have been convicted of a crime considered a violent crime in California, you can only get up to 15% credit under Section 2933.1 of the California Penal Code. This means that you must serve at least 85% of your sentence if you are convicted of a violent crime.

Consecutive and concurrent sentences are two types of sentences that a judge can impose in the criminal justice system. [1] Both are also used when an accused has been convicted of multiple crimes and a judge imposes two or more prison sentences. The court judgments were ordered at the same time. On the question of a consecutive or simultaneous sentence, a judge decides which one to impose after considering the following factors: The most important sections are (b) and (c), as they cover most convictions of economic sanctions. There is usually no mandatory minimum sentence for these crimes, and they generally do not require consecutive sentences (but see below for an important – and common – exception).