controling case

[boobah418]

Is there a way to get your controlling case changed ? my bf went down on 2 felonys (2 years concurrent) one from this year and one from 2008 ..his controlling case is 2011 one ...we want it to be the 2008 one (he got credited more time served on that one) ..any ideas??? he sent papers to the judge/courts (that i typed up for him) in our county  ..do u think that will work??!!

it would put his outdate to december of this year instead of february !!!  i know its only 2 months but it makes a big differance! and it would put him out around my bday and right b4 christmas!!! :)

[rottiemama2003]

I think the most recent one the controlling one. They care less if he will get out early or not look at the stupid stuff they are doing now...

[Forevermah]

Was he ever credited anytime for time served in county waiting for conviction, that is if he spent time?

[boobah418]

yes he was credited some time waiting for sentencing....i have his mittimus papers i got from the court house....his 2011 felony paper credits him time from 2/16/11 to 4/21/11 (thats what the credited him) then his 08 felony paper credits him time 1/22/08  to 2/22/08 then 1/20/09 to 2/18/09 and 2/16/11 to 4/21/11 so im guessing since his 011 case is the controlling one they only looked at that paper. we want them to go by the 08 one which credits him 2 more months ...which would put him on in december! :)

[Forevermah]

I am confused, so what you are saying is he sat in county on the first conviction and then let out, on bail? and he re-offended or more charges brought forward and that's when he went into IDOC?   

[boobah418]

ye, he sat in county jail a few months back in 2008 for his 08  felony. and was let out on intense probation on the ankle monitor then this year caught a new case and got sentenced to idoc for the first time for his new felony and the 2008 one. sorry for the confusion!!

[boobah418]

i was just wondering if there was an easier way to switch the controlling cases w/o paying money or gettin a lawyer...i have the papers on my computer dont mind emailing them to whoever to show what i mean.... he sent court papers to the courthouse last week were waiting on that to see if they send anything back to him... not going to get my hopes up they have better things to do i guess.

[Forevermah]

He can go ahead and try, which I guess he already has, but I doubt very much that IDOC can  grant him the two months on his probational case,  especially since he caught another case while out.  Maybe RT will have something else for you, when he get's back! 

Good Luck to him!

[RT]

Controlling cases are determined by the length of the longest sentence in multiple cases that run concurrent. That is the statute and cannot be changed. Sorry about that.


Rick