Los Angeles, CA asked in Appeals / Appellate Law and Criminal Law for Michigan

Q: If the Michigan Court of Appeals sends a criminal case back to the lower court for a new trial

and the person is found guilty again, does the original sentence continue or will there be new sentencing?

1 Lawyer Answer
Dana B. Carron
Dana B. Carron
Answered
  • Criminal Law Lawyer
  • Detroit, MI
  • Licensed in Michigan

A: There would be a new sentencing. However, if the proofs at trial are basically the same, you would likely get the same sentence as before. The sentence is based on the entirety of the information that the judge knows, so it is possible for the sentence to change based on the difference of the proofs at the new trial.

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