QUESTION
if you are already sentenced and you file an appeal can they add more time to what you have already been sentenced to?
Asked on Dec 07th, 2012 on Criminal Law - New York
More details to this question:
my boyfriend was incarcerated for a longer period of time than he was promised and he has put in for an appeal we are just making sure that if he was to lose the appeal if they can add more time to his sentence that he is currently in jail for?
3 ANSWERS
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If he loses the appeal then he cannot receive a higher sentence. However, if he wins the appeal as to the underlying conviction and the remedy is a new trial and then he is retried and convicted he could receive a higher sentence. On the other hand, if the conviction is upheld but there was a problem with the sentence then it would depend whether he could be resentenced to a higher sentence. For example, if the Appellate Court determined that the sentence was excessive then usually the Appellate Court would reduce the sentence. On the other hand if there was some other problem with the sentence and he originally was not sentenced to the maximum then theoretically he could receive a higher sentence when resentenced.
Answered on Dec 08th, 2012 at 9:32 PM
Criminal Law Attorney serving Brooklyn, NY
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Scott G. Cerbin, Esq., PLLC
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The short answer is yes. If the sentence is vacated or set aside he can then be resentenced.
Answered on Dec 08th, 2012 at 2:47 PM
Criminal Law Attorney serving Yonkers, NY
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Richard F. Sweeney, Attorney at Law
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Not likely. However, it depends on what you are asking for. If the original sentence was more than the maximum, then he can not be sentenced to more time. If the original sentence was less than the maximum, and your request is for re-sentencing, then he could be sentenced to more time. It depends on what the appeal is asking for.
Answered on Dec 08th, 2012 at 9:48 AM