I am gonna be incarcerated january 15th.I have a probation violation hearing febuary 16th.I will be in jail for 90 days for the january 15th sentencing.My probation is asking 60 days for the violation on febuary 16th.Since i will be incarcerated on january 15th and wont be able to make it to my court date on febuary 16th what motion do i file to execute sentence on the probation violation so the time in custody on the 90 day sentence will count towward the 60 day sentence on the violation.
My colleagues have all made good points regarding this question. I would also add that you file for a writ to get yourself transported to the Feb 16th date. If the writ is done properly, (and you may want to consult an attorney for advice), you should be able to get to the February 16th date.
The benefit to you in getting to the Court date on February 16th is that you can ask the judge for a concurrent sentence then and there rather than waiting until your 90 day sentence is up.