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If tried and sentenced on the same charge can the plea be withdrawn and tried again?
If you were tried and sentenced, it is hard to withdraw your plea and be tried again. Why don't you ask your lawyer? If you are totally confused about what your lawyer told you, you need to tell the judge when he sentences you. You are entitled to know what is going on. Your jail or prison has provisions for post conviction relief. You need to check there to find out your next step. There are a number of procedures that are possible. Some must follow a particular order. It is like Baseball. In baseball, if you skip a base and go to the wrong one first, you are out. Some procedures have a time limit. Some Federal Judges have bounced an inmates first attempt with the rubber stamp, "You did not send this to state court first." Then after the inmate sent it to state court, the same federal judge bounced the same motion with a rubber stamp that said something like, "You have already used your one turn at an attempt for a petition for a writ of habeas corpus." Another inmate had just gotten relief from the same judge on the same issue!
1. Final Sentencing.
2. Direct Appeal.
3. Petition for State Habeas Corpus or Equivalent
4. Direct Appeal for Petition of State Habeas Corpus or Equivalent
5. Petition for State Appeal or Supreme Court Habeas Corpus
6. (Rarely when next level down has issued conflicting rulings: Petition for State Supreme or Appeal Court Certification)
7. Petition for Federal Circuit Court Habeas Corpus
8. Petition for Federal Appeal Court Review
9. (Almost never works: Petition for Federal Supreme Court Certification)
What else can I help you with?
When and how Otto Eichmann was killed?
He was tried and sentenced to death. On 1 June 1962 he was executed by hanging.
What happen to Tom Robinson after he was accused?
After he was sentenced he tried to escape the prison and was shot dead by the guards.
Who was the judge who sentenced the watergate bulgars?
District Judge John j. Sirica (March 19, 1904 – August 14, 1992 ) tried and sentenced the Watergate burglars.
Who was tried in Texas with Set-tainte?
Big Tree. Both were found guilty of murder and sentenced to be hanged.
Who was in charge of Treblinka?
The Commandant for much of the time that the Treblinka extermination camp was in operation was Franz Stangl, who managed to flee to Brazil. He was ultimately extradited to West Germany in 1967, tried and convicted of mass murder. He was sentenced to life imprisonment but died in prison in 1971.
Can a prosecutor alter a charge after sentencing?
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.
Who is being tried and what is the charge against him in A Tale of Two Cities?
The charge is treason
Can you be sentenced twice for 1 crime 20 years apart?
Due to double jeopardy you can't be sentenced for the same crime more than once. Double jeopardy law states you can't be tried for the same crime if there was an aquittal verdict. You can be tried for the same crime more than once if the first trial ended in a hung jury or there was a mistrial. So if you were sentenced once that means you were found guilty the first time. The only exception to this would be if the first verdict was overturned on appeal and the judge grants a new trial. If you are found guilty again you would have a new sentencing. But, there would have to be new evidence for the judge to overturn the first verdict.
If you are on parole for drug charges second offence you get out of prison and get another charge of possession of cocaine with intent to distribute what time will you get?
At the VERY LEAST, you will sent back to prison to serve the un-expired portion of your sentence for the original offense. Also, you will probably be tried and, if convicted, sentenced for the second offense.
Seditious in a sentence?
Guy Fawkes or Foulkes, was sentenced to death for his seditious act; he tried to blow up the English parliament building.
What would happen if an juvenile killed the president of the US?
they would be tried as an adult, after a physc evaluation. And more then likely sentenced to the death.
Can a criminal in prison be convicted of murder if already in prison for murder if he kills in the prison?
Yes the person can. The person convicted of the first murder is sentenced to jail time then that murder is done with. If while incarcerated and another murder is occurred then the subject will be go to trial for murder again but not the same person. You are thinking of double jeopardy. This only occurs after someone is tried and found not guilty. At that point the subject can run outside and say he did it with out being able to be tried again.
