Law Office of Isaac J. Mass -- Greenfield, Massachusuetts
 
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Some Common Questions About Sentencing

1) Concurrent sentences- Where do I serve the sentence?

Prisoners are housed in the institution specified on their mittimus for the sentence imposed on the earliest date. M.G.L. c. 279 §8.

2) Can the court sentence me to a house of correction in a different county?

Yes. M.G.L. c. 279 §15.

3) What Is A ''Forthwith" Sentence?

Pursuant to M.G.L. c. 279 §27, a person currently serving a house of correction sentence may be sentenced on a felony to the state prison, said sentence to take effect "forthwith, notwithstanding the former sentence." as opposed to "from and after" which means waiting for the release from the first sentence "by parole or otherwise" before beginning the second M.G.L. c. 279 §8A .

4) Can a sentence to the house of correction run concurrently with a state prison sentence or vice versa?

There is nothing that prevents the imposition of a house of correction sentence concurrent with a state prison sentence. See Commonwealth v. Parzyck, 41 Mass. App. Ct. 195 (1996).

5) If I am serving a mandatory minimum sentence, can I be classified to electronic monitoring?

No. Commonwealth v. Cowan, All Mass. 546 (1996); Commonwealth v. Morasse, 446 Mass. 113 (2006).

6) Do I receive jail credits for time spent awaiting trial on electronic monitoring?

No. Commonwealth v. Cowan, All Mass. 546 (1996); Commonwealth v. Morasse, 446 Mass. 113 (2006).

7)  How do weekend sentences work?

M.G.L. c. 279 §6A. These sentences are typically served from Friday to Monday, though a court can specify any beginning and ending time for each weekly period of confinement.  If you work weekends you should alert your attorney in advance. Inmates are required to report on his or her own to the correctional facility each week at a time directed by the court. This sentence allows an inmate to maintain employment during the week while serving a sentence on weekends.

8) Can the Superior Court continue a case without a finding (CWOF)?

Yes. Commonwealth v.Powell, 453 Mass. 320 (2009).


 

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