Asked in Criminal Law for Kentucky

Q: Weird sentence in Kentucky criminal cases

I do prison ministry. I have a KY inmate sentenced in 3 cases 10, 8 ,& 3 year sentences. 8 and 10 are consecutive but the sentence order has the 3 on both the 8 & 10, concurrent on the ten but consecutive on the 3. (I have a copy of the order). This seems to me to either be absurd or unconstitutional, or both. The 3 year concurrent has already been served, so now there is no sentence to be served consecutively, otherwise the inmate is being punished twice for the same crime. (I have POA for this inmate) If this is simply fixable I'm ready to hire someone to do it. I should add that he has filed a complaint with the KYDOC three times and been rejected each time.

Related Topics:
1 Lawyer Answer
Leland Hulbert
Leland Hulbert
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: It’s a little bit confusing but he can contact the department of corrections or you can contact the prosecutor who made the deal. If there’s multiple jurisdictions and multiple pleas sometimes the wires can get crossed but he should not be serving double time. Under Kentucky law though if he is already on probation and picks up a new felonies they must be consecutive by law

Timothy Denison agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.