DESIGN AGENCY FOR AMBITIOUS YOUNG BUSINESSES

What Happens If My Sentence Violates Federal Or State Law?

While the sentencing phase of a trial is generally considered the final determination of your case, you may still have some options for appeal, especially if it can be shown that your sentence violates federal or state law. If this is the case, your attorney may employ a number of strategies to try to have your sentence mitigated or even vacated.

WHEN A SENTENCE MAY BE APPEALED OR CHALLENGED

We are very proud of the firm and our law partner Leigh Schrope as she put all the pieces together to file a request to overturn the conviction of our client Mr. Stinchcombe through the newly structured Conviction Integrity Unit in Fulton County. The result of hard work and investigation is our firms’ purpose, and it matters.

This incredible victory was highlighted in the Atlanta Journal-Constitution by Bill Rankin. Ms. Schrope was quoted: “This case is another example of an innocent person having to wait a long time for justice. We are so happy that Mr. Stinchcomb has been exonerated and that he has been reunited with his loving family.”

POSSIBLE REMEDIES FOR UNLAWFUL SENTENCING

There are several possible ways to obtain post-conviction relief from an illegal sentence, and your attorney will advise you on with strategy or strategies are most appropriate in your case. Options may include:

1. Direct Appeal

Your attorney may appeal the sentence to a higher court, submitting briefs arguing specifics as to why your sentence is either unconstitutional or excessive. If the appeal is successful, the appellate judges may remand the case back to the trial court for modified resentencing, or in a few cases vacate the sentence completely.

2. Petition for Habeas Corpus

This petition does not address your guilt or innocence, but instead directly challenges the legality of your imprisonment. This option is generally only available if you are currently incarcerated and if other forms of appeal have run their course.

3. Other Post-Trial Motions

For other mitigating circumstances in your case, your attorney may file a number of other post-trial motions to help correct your sentence. (For example, if your case was tried by the wrong court or if significant errors occurred during the trial, your attorney may file a Motion for a New Trial, which would effectively negate your sentence and start the trial process over from the beginning.)
The bottom line is that if you are convicted of a crime, your resulting sentence must comply with applicable laws and procedures. If you feel your sentence violates federal or state law in any way, consult your attorney.

Free Case Evaluation

  • This field is for validation purposes and should be left unchanged.

Criminal Defense News

Free Case Evaluation

Use our convenient online form or give us a call!