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No. Any such action should be reported to the state attorney general.
If the defendant has already been sentenced, then the case is adjudicated, completed, finished, over, done with.
It would be an impossibility for a prosecutor to alter the entire preceding case and change the charge (after-the-fact) for which the defendant has already been tried and sentenced.
If they wished to charge the adjudicated defendant with a NEW offense, then that avenue is open to him.
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∙ 12y ago
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Can a prosecutor decide the length of a sentence in a indeterminate sentencing?
No.
Can an aggravated assault felony be reduced to a misdemeanor and what would the sentencing be?
You can offer to cop a plea to a lesser assault charge (misdemeanor) and see what the prosecutor says. If he accepts you would get less than a year in jail.
What are laws and sentencing for a first time charge of child molestion?
It depends on the charge and the conviction record of the convicted person. Then it is determined by the sentencing guidelines of the state in which the case is tried.
If a person violates probation by being in possession of drugs and drug paraphernalia should they plead guilty?
That's an issue best discussed with defense counsel. Generally entering a guilty plea will result in the prosecutor's office offering a reduced charge and/or sentencing.
Who determines charges against a defendant?
The arrestin law enforcement officer will initially charge the arrestee with what they believe to be the proper offense. When the officer consults with the prosecuting attorney assigned to the prosecution, the prosecutor can agree, or disagree and alter the charge to what they believe to be the proper statute. THISis the charge that will be presented to the court at arraignment.
How to set sentencing guidelines on Windows 8?
In order to set sentencing guidelines on Windows 8, you need to go into system settings, and alter the sentence setting to whatever you deem appropriate for your personal use.
Is it illegal for a prosecutor to threaten you with another charge if you don't plea?
Yes
What is the accusation prepared by a prosecutor?
Not clear what is being asked. The "formal charge." (??)
Can you renegotiate the sentencing terms of a plea bargain before sentencing?
Offhand, I would say, no, it is not. The prosecutor probably gave you the best terms he was going to offer up-front, and if you accepted them you probably have no more leverage on him to be any more lenient. Contact your attorney and ask.
The police searched my house and found how long do they have to charge you?
If they found whatever it was they were looking for, they will put it together with the any other evidence - present it to the prosecutor to determine if they have a prosecutable case. If the prosecutor feels that they have enough to charge you, you will then be charged.
Can a District Court Prosecutor add a misdemeanor charge to a felony charge?
Yes, a District Court prosecutor can add a misdemeanor charge to a felony charge in the same case, as long as the facts support both charges. This can provide the prosecutor with more flexibility in seeking a conviction or plea deal.
Does it affect a defendant's sentencing if the judge prosecutor public defender and the defendant do not sign a plea bargain contract?
Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.
