Tag Archives: SENTENCING

RESTITUTION vs FINES – WHAT GETS PAID FIRST – NEW RULE (13-14)

QUESTION: If a defendant’s sentence includes both a fine and restitution, and if defendant makes one or more payments to court administration, what is payment first credited to – restitution or the fine?

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https://blogpendleton.files.wordpress.com/2014/08/judicial-training-update-13-14.docx

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FIVE IMMIGRATION FACTS EVERY JUDGE AND ATTORNEY SHOULD KNOW AND ONE SUGGESTED BEST PRACTICE (13-13) (OLD VERSION – SEE 13-13 DATED MARCH 7, 2014 FOR UPDATED VERSION)

There are many conviction and sentencing factors that can have a dramatic impact on the deportation status of a non-citizen defendant. This update covers five of the most common problems that every judge and attorney should be aware of.

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https://blogpendleton.files.wordpress.com/2014/06/pendleton13-13-five_immigration_facts.pdf

Judicial Sentencing Oversight: Inadvertent Deprivation of Lawful Jail Credit (13-07)

When sentencing a defendant to prison, if the Court: 1) fails to state the number of jail credit days, or 2) the Court states the number of jail credit days but directs the prison to “verify” jail credit, the DOC will determine or verify jail credit by implementing a policy that does NOT allow credit for any time served other than ‘straight time’ (that includes denying jail credit for ‘work release’) even though defendants are lawfully entitled to such credit.

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Pendleton13.07-Judicial_Sentencing_Oversight

Jail Credit Calculation – New Supreme Court “Clarkin” Rule (12-07)

QUESTION: When The Court Imposes A Concurrent Sentence, Defendant Is Entitled To Jail Credit For All Time Spent In Custody In Connection With The Offense Being Sentenced Including Time Spent In Custody Related To Other Charges….BUT….How Do You Calculate The Starting Point For Jail Credit?

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Pendleton12.07-Jail_Credit_Calculation-New_Supreme_Court_Clarkin_Rule

District Court and Plea Negotiations – How Far is Too Far? (10-04)

QUESTION: When attorneys ask or look to you for guidance on the type of sentence you are likely to impose, how do you protect yourself from impermissibly injecting yourself into plea negotiations?

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Pendleton 10.04-District_Court_and_Plea_Negotiations-How_Far_is_Too_Far-Pendleton10.04