Legal Question in Criminal Law in Ohio

concurrent sentence defined in detail

I am dealing with a specific case in which the following has occurred:

Defendant was originally indicted for CASE A in June 2003 where an OR bond was set, but the case was dropped and he was indicted on a ''different'' case--CASE B (with the same charges) in May 2004. For CASE B, there was no bond set, only a warrant issued.

Defendant was arrested in August 2003 in a different county for CASE C. He was being held in that county's jail for CASE C until he was sentenced for CASE C in April 2004, when he was sent to state prison for 16 months (including time served in county jail).

While the defendant was incarcerated for CASE C, he was sentenced (in October 2004)to 20 months for CASE B.

So, keeping in mind that the defendant was never out on bond for CASE B, my questions are: At what point in time should the 20 month sentence for CASE B begin if CASE B and CASE C are being run concurrent with each other? The date he was indicted? The date he was sentenced?

How much of the time spent in the county jail and in prison should be counted toward this 20 month sentence?

Any information you can give me regarding answers to these queries or helping me locate any case law that would be helpful to this situation wo


Asked on 3/02/05, 8:06 pm

2 Answers from Attorneys
Chad Main Chad Main Attorney at Law

Re: concurrent sentence defined in detail

Without more facts, I can only surmise that your client will not get any JTC for the time he spent in county jail and prison for case C. Based upon what you told me, he was only held on Case C and not on any of the other cases.

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Answered on 3/02/05, 8:31 pm
Chad Main Chad Main Attorney at Law

Re: concurrent sentence defined in detail

Part II: There might be some JTC for the time he spent in jail when he was taken to the county for plea and sentencing in Case B.

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Answered on 3/02/05, 9:34 pm


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