Sentencing in Plea Agreements and at Trial
A wise person once said that the devil is in the details. The same is true with the law, especially when it comes to sentencing. Details really matter, such as whether your sentences run concurrently or sequentially. Understanding the difference between concurrent and consecutive sentences can make a big difference, especially in plea agreements and at trial.
Sentencing is a large part of what is decided with plea agreements in Oklahoma. Most cases in Muskogee are pled out rather than going to trial. In a plea agreement, both the defense and the prosecution work out a deal in which a person pleads guilty to a lesser crime(s) rather than taking their chances on the outcome of a trial. If more than one count or charge is brought against a person, they will likely have to plead guilty to more than one count as a part of their plea agreement.
When you take a plea agreement, it is important to know whether you are agreeing to the sentences running concurrently or consecutively. Concurrent sentences run at the same time while consecutive sentences are completed back-to-back. You can see that concurrent sentencing is preferable from the defendant’s standpoint.
Let’s say that you are sentenced to 2 years on one count or charge and 1 year on the second count. If the sentencing is concurrent, you are done by the time the second year is completed. If the sentencing is consecutive, you must complete the first sentence before the second sentence can begin, which would give you 3 years in jail.
Whether the sentencing occurs as part of a plea agreement or as a result of trial, you want to be clear about how the sentences will run. It will have real implications for parole and probation as well. A defense attorney from Wirth Law Office – Muskogee can help you understand how your sentence will affect your particular case.
Arguing for Concurrent Sentencing
Having an experienced criminal defense lawyer on your side can make a huge difference in how every aspect of your criminal case is handled including sentencing. An attorney from Wirth Law Office – Muskogee can argue for concurrent sentencing. The court takes a number of factors into consideration at sentencing. Your attorney can use all the facts that are in your favor to help the court decide on concurrent rather than consecutive sentencing. The same is true when your Muskogee criminal attorney is working out a plea deal with the prosecution. Once agreed upon, sentencing should be clearly and explicitly stated in your plea agreement. This can prevent uncertainty later in the process.
Changing Prior Sentencing to Run Concurrently with the Current Sentence
Another way this issue can arise is with a subsequent conviction. In this case, the defendant may already be serving a sentence. It is possible to have the sentence from a subsequent plea deal run concurrently with the current sentence. This can be somewhat tricky depending on the circumstances, but an experienced Muskogee criminal defense attorney can often make a difference. Bring your questions and concerns to an attorney today.
Free Consultation with a Muskogee Criminal Lawyer
Details matter. An experienced Muskogee criminal defense lawyer can work with you to get the best possible sentence. This can include concurrent sentencing. The Muskogee attorneys at Wirth Law Office will be with you every step of the way to ensure that you get the best chance. Your freedom is important to you, and we will fight for it.
Call a Muskogee criminal defense attorney today at 918-884-7774 with your questions. You may also schedule a free, confidential consultation by clicking the button at the top of the page.