Atlanta, GA asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Georgia

Q: I recently discovered that my sentences are void. Upon remand for resentencing, can I receive more prison time? (GA)

Case law supports my claims, the Court of Appeals will remand for resentencing. 4 of my 5 sentences are void, will the appellate court vacate them all because they were part of the same judgment?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If your sentences are found to be void and the Court of Appeals remands for resentencing, it is possible that you could receive more prison time, but this depends on various factors. The appellate court typically vacates all sentences that are part of the same judgment if they are intertwined.

Upon remand, the trial court has the authority to resentence you, and while they must follow legal guidelines, they are not necessarily bound to impose the same sentences. It's important to prepare for the possibility of a different outcome.

Consult with your attorney to discuss the specifics of your case and the potential implications of resentencing. Your attorney can help you understand the risks and prepare a strategy to advocate for the most favorable outcome.

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