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If an appeals court determines that the sentencing court committed an error in either the findings of guilt (to any of the charges) or the severity of the sentence, then it may send the case back to the sentencing court to re-sentence. This repeat of the sentencing process is called a "remand." Two examples. John Smith is convicted of 3 crimes at his criminal trial. The court of appeals detemines that his constitutional rights were violated as to 1 of the 3 crimes. The court of appeals reverses - or sets aside - that 1 crime. The court of appeals then "remands" the case back to the trial court (usually a judge; sometimes a new jury for only a new sentencing argument). Jane Doe is convicted of 1 crime, a first offense, known as a "wobbler," and offense that can be charged either as a misdameanor or a felony. The prosecution charges her with a felony, and makes inflamatory statements in its sentencing argument. Jane Doe is sentenced to 3 years in prison. The Court of Appeals does not disagree with the finding of guilty, but determines the sentence is disproportionate to her crime. It may remand the case for a new sentencing procedure (usually with some dicta instructions or guidelines).
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What is the meaning of sentencing in a court?
He had a court date yesterday.He rode his bike around the court.
What is the sentencing of felony probation violation in Alabama?
There is no way of knowing what the judge will do. The worst possible is that you could be remanded to jail to serve the remainder of your sentence behind bars.
What does continuum of sanction mean in the sentencing process?
what does continuumof sanctions mean in the sentencing process/
What does a continuum of sanction mean in the sentencing process?
what does continuumof sanctions mean in the sentencing process/
You violated probation in Georgia for a DUI how much time will you be in jail?
There is no way to answer these probation violation questions! No one can tell what is in the mind of the sentencing judge. The WORST that you can expect is that you will be remanded to jail to serve the remainder of your sentence.
When excepting a plea agreement for felony charges must you go into custody that day or wait for a final sentencing day?
If the plea agreement consists of jail time, you would be remanded into state custody for the remainder of the trial.
What is a sentence that has the word remanded in them?
The man was remanded to jail.The judge remanded the defendant to jail without bond.
What verdict did the jury reach against Dr Conrad Murray in the death of Michael Jackson?
Dr. Conrad Murray was found guilty of involuntary manslaughter. He was immediately remanded into custody until sentencing on Nov. 29th, 2011.
What is the least punishment for a felony probation violation with another felony?
Your felony probation will be immediately revoked and you will be remanded back to prison. In the meantime you will be tried for the felony you committed while on probation and then face sentencing and prison time for that offense also.
What roles can the presentence investigation report play in correction?
None whatsoever. Presentence reports only affect the sentencing of the judge. Once the defendant has been sentenced and remanded to corrections, the pre-sentence report has no meaning or application any longer.
What does mean tft in a court sentence?
What does TFT mean in court sentencing
If on Florida probation ten months left on five years and violate by failing drug test what happens?
No one can know what is in the mind of the sentencing judge. The worst case scenario, is that you may be remanded to jail to serve out the remainder of the sentence behind bars.
