Pennsylvania and michigan-concurrent time

[layladies]

Hello,
I have a dear friend who is to be sentenced within 2 weeks for a non-violent gun possession charge within the state of MI. Well within the last two weeks the state of PA has listed a hold on him for violating his probation with the new charges he has incurred. What we have been advised to do (from his lawyer, who has since been quite difficult to reach) is to write some writ asking that he can serve any new time instated from PA (not yet disclosed) concurrent with MI mandatory 2 year sentence. I have having trouble finding exactly what writ we need and from there, who do I address it to?? These things are tough to go through and finding the correct answers seems sometimes tougher.

I appreciate any help and thank you

 

[army judge]

You can't "write" a writ.

A writ is an order issued by the court.

The attorney might be suggesting that you try and file for a "writ of habeas corpus", also called "the great writ"!

The "great writ" is normally argued to challenge the incarceration of a person.

I think what you're asking for, is that PA permit the time the person will receive in MI, to be served concurrent with any time he could receive pursuant to the revocation in PA.

To do that, your request must start in PA. The PA court is where you will need to bring such an action.

If you're very lucky, you (or the offender) could ask the PA Probation Authorities, if they would support your request for a concurrent sentence.

Of course, MI Corrections officials would also have to agree. MI will want PA to pay them for imprisoning your offender.

Your best bet would be to retain a PA attorney. You aren't going to be able to do this. You have no standing. The offender could do this pro se. The problem for him is that he's in Michigan.

By the way, there are no nonviolent offenses, insofar as guns are concerned. The mere presence of a gun on someone's person is evidence of violent proclivities. This is especially true for convicted felons.

A convicted felon in possession of a gun is a mandatory prison sentence. Your friend will be very, very lucky if he's granted what he's seeking.

Talk to a PA lawyer. Without an attorney, this will never happen. It is far more complicated than competing a form!