Need help with a Dead Docket?

[pmsjws]

What is the name of your state (only U.S. law)? Georgia.

Hello my husband is doing a 20 year sentence here in Florida with about 7 or 8 more years to go. He had been originally arrested in Georgia's Effingham County with his co-defendants. He was extredited back to Florida for charges and a trial here where he tookl the 20 year plea. Georgia had stated that if he got sentenced here they would drop the charges but he could never come back to Georgia. So he asked me today since he is down to about 7/8 years to see if Georgia had a hold or what they had done with the charges.

After a run around and having to call the court house and then back to the states attorney's office where they told me they had placed his charges on a dead docket. Now the court house told me that it meant they could use those charges if he were to get into any kinda trouble. The States Attoeney's office told me that once he got out from here in Florida they would let them know and they would then look at his past crimes and see if they wanted to go ahead and charge him with those charges they placed on a dead docket.

My question is what exactly is a dead docket? What can Georgia do once he's released from here. What can my husband do now to take care of those charges if they are indeed gonna eventually take him to trial? Or do we just have to wait till he's released from here before we can do anything?

His charges are as followes in Georgia:
DUI
POSSESION OF COCAINE
REFUSAL OF BREATHALIZER


And if does go to trial and is found guilty or if he just pleads out what kinda time could he be facing in Georgia?

Thank you very much.
Pam

 

[Abd ul-Shadiid]

20 years??

20 years for DUI, poss. of coke, and refusing a breathalizer??

Sorry, friend, there's gotta be much, much more to the story than that.

How long is your husband's rap sheet?

He had been originally arrested in Georgia's Effingham County with his co-defendants. He was extredited back to Florida for charges and a trial here where he tookl the 20 year plea. Georgia had stated that if he got sentenced here they would drop the charges but he could never come back to Georgia.

I'm not a lawyer, but this doesn't make sense to me. Serving time for the same crime(s)*, non-concurrently and in two different states, seems like simple "double jeopardy", which our Constitution strictly proscribes. Georgia can't prosecute and imprison a man for what he did in Florida and served time there for.

*Assuming, of course, that the three crimes mentioned are the ONLY ones...

 

[pmsjws]

Oops sorry...made a little confusion. The charges in Georgia are seperate from the charges here in florida. Thats why Georgia had said if he got sentenced here since it would be more time he would possibly serve they would drop the charges there. But they didn't they told me they were placed in a dead docket. And I'm not exactly sure what that means or will entail for him.

Thanks,
Pam