state is trying to screw him over

[TerryH]

What is the name of your state? Pennsylvania

I am from Pennsylvania my son has been in SCI Mahanoy for the last 15months was to get out Nov 4th 2005. The Judge ordered at the time of his hearing to serve 11 -23 months concurrent with County ..They where to run together. Now that its time to be release the state is saying that its a illegal sentence that county and state can't run together. They brought him back to the county prison for what reason or reasons no one knows he has been sitting out there for the last week. He was to do 4 days for the county after being released from the state. But this seems to be not what he is here for. The state had me send in a home plan and a bus fare for my son to come home two weeks ago they did this. Now to say he isnt coming home this dont make sense to me seems to me someone in the state system doesnt know what they are doing. and how can the state go against what a judge has ordered from the start? and how can one be held apass his release date with no one saying why he is or what they plan on doing with him at this point. I have contacted the Governor, the Attorney General, the Head of state probation and parole board, the attorney for my son , anyone that i can and still today no one will answer any questions

[seniorjudge]

It sounds like they are trying to comply with what the judge says.

Nonetheless, if your son thinks he is being illegally detained, he should file a writ of habeas corpus.

[JETX]

Thank you for your wonderful heart-felt post.
Did you have a legal QUESTION in there somewhere???

[TerryH]

Pennsylvania, My question was ..how can a judge have a illegally sentence...but since i posted this ..I have called the judges office, the state, the govenor, anyone thats wants to hear me.. from what i learnt this far is ..the judge says he never makes a mistake..ok...the attorney says at the time of the sentencing ..the state agreed on run concurrent with county...but since then backed out and said no it cant be that way ...now legal question is ...can the state back out once a sentencing is in tact? and all agreed at the time? the public defender now tells me that we got to pay him 1500 to go back in and fight this ...why is my question , since this was all under him serving as public defender ...he tells me that he cant do it without being paid now...is this legal to do this? So yes... there is alot of legal questions here....and no i dont want anyone to feel this is a heart breaking story ..its a real story with real people involved with a state that thinks it can do as they want even after a judges order....and a public defender that wants to tell me i got to pay now ..when in fact this was his baby from the start ..he was the one in the court room that day under public defender ...to me then he should follow through with all that is going on for free as he was stated to do so in the first place ..and not try to get monies from someone ....

[BelizeBreeze]

Originally Posted by TerryH

Pennsylvania, My question was ..how can a judge have a illegally sentence...but since i posted this ..I have called the judges office, the state, the govenor, anyone thats wants to hear me.. from what i learnt this far is ..the judge says he never makes a mistake..ok...the attorney says at the time of the sentencing ..the state agreed on run concurrent with county...but since then backed out and said no it cant be that way ...now legal question is ...can the state back out once a sentencing is in tact?

Yep. Until the order is signed by the judge its nothing more than an offer. And this one got rescinded.

and all agreed at the time?

See above.

the public defender now tells me that we got to pay him 1500 to go back in and fight this ...why is my question , since this was all under him serving as public defender ...he tells me that he cant do it without being paid now...is this legal to do this?

Yep. It's called an appeal and does NOT fall under the initial appointment.

So yes... there is alot of legal questions here....and no i dont want anyone to feel this is a heart breaking story ..its a real story with real people involved with a state that thinks it can do as they want even after a judges order....and a public defender that wants to tell me i got to pay now ..when in fact this was his baby from the start ..he was the one in the court room that day under public defender ...to me then he should follow through with all that is going on for free as he was stated to do so in the first place ..and not try to get monies from someone ....

well you have another option. Hire another attorney. or, stop being a criminal.