THE ALABAMA REDEEMER ACT

New Alabama Expungement Law Passes

Allows Expungement of Felony and Misdemeanor Convictions

See More Information Below

____________________________

 

BRADFORD LADNER LLP
Federal Criminal Defense

State Criminal Cases

Criminal and Civil Appeals

251-303-8800 / 205-802-8823

Alabama Criminal Sentencing – Coterminous Time

alabama criminal sentencingAlabama Criminal Appeals Decision Says No Coterminous Time In Alabama Criminal Sentencing

The Alabama Court of Criminal Appeals held that Alabama criminal sentencing under the Alabama Code does not include a grant of authority to a trial court to run sentences coterminously.  In Carroll V. Alabama Department of Corrections, released October 3, 2014, the Alabama Court of Criminal Appeals held:

A court derives its authority to sentence a defendant by, or within, certain specifications by statute or the Alabama Rules of Criminal Procedure. In Alabama, statutory law allows courts to enter sentences that are consecutive or concurrent. There is no statute or rule in Alabama that allows a court to sentence a defendant “coterminously.” Therefore, because the court did not have the statutory authority to sentence Carroll “coterminously,” that sentencing order was illegal and is void.

The decision on Alabama criminal sentencing could mean that inmates who are presently serving time under a court order with “coterminous” sentences could end up being classified as having consecutive sentences by the Department of Corrections.  This would be the result of the application of Alabama Code § 14-3-38 which states that where a “convict is sentenced to imprisonment in the penitentiary on two or more convictions, unless it is specifically ordered in the judgment entry that such sentences be served concurrently, such sentences shall be cumulative and shall be served consecutively.”

Relief is available to inmates facing this situation.  Under Alabama Rule of Criminal Procedure, Rule 26.12 a sentencing court has authority to order that previously imposed consecutive sentences run concurrently.  This order may be entered at any time by the sentencing court.  The only difficulty may be getting the matter before the court to have the sentence corrected.  Doing so would require a petition to be filed with the court.

Chip Bradford and Amber Ladner have handled numerous similar situations for clients.  We can file a petition with the court requesting that the consecutive sentences be changed to concurrent sentences.  If you face such a situation, call us for help

1-205-802-8823 Local

1-855-587-6350 Statewide

email – info@bradfordladner.com

Bradford Ladner, LLP. is an Alabama based law firm with offices in Birmingham, Clanton, and Mobile, practicing Federal Criminal Defense, Alabama State Criminal Defense, Federal Criminal Appeals, State Criminal and Civil Appeals, Divorce and Child Custody Matters, and Alabama Civil Litigation. We practice in all Alabama Courts Statewide and in Federal Court Nationwide
Call and talk to a lawyer today: 251-303-8800 or 205-802-8823 Email Us: info@bradfordladner.com