QUESTION
If a judge sentences you to an illegal sentence, can it be reversed
Asked on Jul 30th, 2014 on Criminal Law - New Jersey
More details to this question:
My husband was told by his appeals attorney that his 5 year sentence with a 2 year mandatory minimum is illegal because the judge left it as a 2nd degree crime and didn't change it to a 3rd degree. She said if he pursues the appeal he can end up serving the full 5 years. Can they actually change his sentence? He agreed to the plea deal of 5 with a 2. He never would've agreed to 5 with a 5.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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i did answer this question earlier. i would need the 'adult pre-sentence report' to answer properly. this report would include the guilt plea and the sentence requirements. please call if we can help. ed dimon, esq. 732-797-1600
Answered on Jul 30th, 2014 at 11:44 AM