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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
