I got a state sentence on a new case; on some of the charges I got consecutive time and on some of the charges I got concurrent time. I also went before my back judge and got a new sentence, and she said it was to be concurrent with my front case.
When I got upstate, my sentencing calculation was wrong. What can I do?
There are two different scenarios based on your question. The first is if you are still in custody. If you are still in custody you can file a petition under the PCRA (Post Conviction Relief Act) to have your sentencing corrected. Under the PCRA, you can file a petition to have your sentence corrected and/or appellate rights reinstated. If you are successful in either of those grounds in your petition and the sentencing calculation is actually wrong, it will be fixed.
The second scenario is if you are out of custody. This is a much harder situation. The best thing you can do is sue the government for leaving you in jail too long, but the problem is that you may have already missed the statute of limitations.
We have successfully done both of the above for our clients. Getting the sentence corrected was far easier than suing them, but we were able to do both.
Labels: sentencing, sentencing calculations