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
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
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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Posted in Jail Credit - Inadvertent Deprivation, SENTENCING
Tagged DOC, Jail Credit, SENTENCING
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
Posted in Jail Credit - Starting Point, SENTENCING
Tagged Clarkin rule, Jail Credit, SENTENCING, Starting point
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
Posted in GUILTY PLEAS, Plea Negotiations - Court Involvement
Tagged 10-04, Guilty Plea, Plea negotiations, SENTENCING
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Dedicated to the Training & Education of the Minnesota Bench and Bar
Dedicated to the Training & Education of the Minnesota Bench and Bar
Dedicated to the Training & Education of the Minnesota Bench and Bar
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