Legal Question in Criminal Law in Michigan

Have a love one who is serving prison time from one to five years, prior to his sentencing for what he is serving now he also was charged on another case which was ran consecutive which had a date of 12-29-2012 as an expiration. My question is once he is released from prison will he still have to serve the other sentence as well.


Asked on 12/31/12, 11:49 am

1 Answer from Attorneys
Josh Jones Law Office of Josh Jones, PLLC

If he was given a sentencing judgment indicating that the later charge would run consecutive with the earlier conviction (or vice versa) then yes he will be in prison beyond the initial conviction. The easiest way to determine the different between consecutive and concurrent sentencing is this:

Consecutive sentencing stacks the time on top of each other, and the individual will do the total amount of time (e.g. convcition 1 = 5 years, conviction 2 = 4 years - he or she would do 9 years). Concurrent sentencing makes the convictions run together, meaning whichever is the longer time between the convictions will control the outcome.

In the end, it seems that you friend or loved one rather will be doing some more time. However, you may be getting the two phrases confused. Hopefully, its the latter. Best of luck.

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Answered on 1/01/13, 7:43 pm


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