Legal Question in Criminal Law in California

charges dropped but already sentenced

I was convicted of criminal charges in Dec. 2002. My sentencing was jan. 18, 2003. I was set up and arrested on jan. 8, 2003 but was charged untill march 2003. I saw a probation officer for a pre sentencing report, and in that report the probation officer basically sentenced me, in that report. my question is can I request a reconsideration of sentencing or is it too late?


Asked on 7/15/03, 6:34 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: charges dropped but already sentenced

The probation officer has no power to sentence you. Only the judge can do that -- and even then, he can only do it at a scheduled sentencing hearing.

The probation department routinely submits its sentencing recommendation to the court before the sentencing hearing, and that report must be what you saw. The judge is not obligated to accept this recommendation, and your lawyer will have an opportunity to argue for a lighter sentence.

The title of your question says that charges were dropped after you were sentenced, but there is nothing in your question that discusses this claim. You were arrested a second time before you were sentenced for your first offense, and this happens quite often. I don't know which charge you believe was dismissed or what sentence you received on the first charge at the January 18 hearing, but I see nothing improper or unusual in the facts you have presented.

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Answered on 7/15/03, 6:55 pm


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