What does it take to get out of jail free? Maybe that question is best left to the Pennsylvania DUI attorneys representing William Halloran.
You see, normally when a prisoner is let out of jail early through no fault of his own, his time out may be credited to his remaining jail time; or such is the practice at the Department of Corrections in Pennsylvania.
This week, Halloran underwent a two-part hearing where a judge ordered the Department of Corrections not to credit the time--where Halloran was accidentally released from prison before his term ended-- toward his prison term, despite argument from his Pennsylvania DUI attorneys.
34 year old Halloran was released one year early for a DUI charge. On Thanksgiving in 2004, Halloran struck and killed a 12 year old boy, Peter Roberto Jr. Halloran was driving under the influence at the time of the accident. He then fled on foot.
In 2006, a jury convicted Halloran of the charges of homicide by vehicle while DUI and leaving the scene of a fatal accident. He was sentenced to two consecutive prison terms: three to six years on the homicide charge and one to two years on the charge of feeling from the scene of a fatal accident.
Of course, it was of utmost importance to recognize that he was sentenced to two consecutive terms, as opposed to concurrent.
What's the difference, one might ask. Well, consecutive terms imply that the terms would be fulfilled one after the other. Two concurrent terms would be done at the same time, in somewhat of an "overlap" manner.
But this distinction was too much for a court clerk, who accidentally entered on the paperwork that Halloran was serving two concurrent sentences.
Halloran's PA DUI attorney, however, disagreed with the judge's authority, claiming that the judge did not have jurisdiction to determine whether Halloran should receive credit toward the prison sentence.
Related Resources
- DUI Convict Re-Jailed After Early Parole Mistake (The Philadelphia DUI Law Blog)
- Inmate's mistaken release was not the only odd thing about the case (The Philadelphia Inquirer)
- Sentencing in a DUI Case (FindLaw)
- Find a Pennsylvania DUI Attorney (FindLaw)
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