Legal Question in Criminal Law in Florida
Can a judge re sentence you for a crime that a sentence has already been set for if you turned yourself in later than the time given, even though you turned yourself in the same day?
2 Answers from Attorneys
It is possible but to really answer this question, we would need more information. Why were you late to turn yourself in? Did you have a family emergency/car break down? There is no definite way to answer this question as it will depend on both the terms of the sentence and the disposition of the Judge.
Goodluck,
Nicholas Dorsten
BlakeDorstenLaw.com
While it's possible, whether or not it will survive a motion to correct sentence or an appeal turns on the language of your plea & the court's plea colloqui. Usually, when a sentencing report date & time are given, the judge will be sure to remind you that failure to appear for your sentencing can subject you to up to the maximum penalty available under law. I suggest you review the record as it pertains to the plea / sentence. I also recommend you act quickly to avoid running afoul of any pertinent time restrictions.
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