Legal Question in Criminal Law in New York

Delayed Sentencing

A family member was convicted of a crime 5

years ago and is still awaiting sentencing so

that he can start the appeals process. His

court-appointed lawyer calls every few months

to tell him that the sentencing has been

postponed again. In the mean time, the

conviction is a black cloud hanging over his

family. He can't find decent full-time

employment and the stress is affecting their

health.

What does it mean that sentencing keeps

getting delayed? Is there anything he can do

to move things along? Do statues of

limitations apply to sentencing?


Asked on 8/27/07, 5:21 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Delayed Sentencing

I have practice law for over thirty-five years and a sentence that has been delayed five years is not within my experience. He has an attorney and I would hope there is a good reason for the delay.

I know of no statute of limitations for sentencing but there may be case law outlining what relief is available to you family member. Some research is required.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 8/27/07, 5:53 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Delayed Sentencing

There is a statutory right to a speedy trial. However you did not say if this is a federal or a state case. Could it be that your family member is cooperating in trials that are still taking place to get a better deal?? If so, his attorney might have to pressure the government to help with the job situation. A sit down with the lawyer is appropriate for the defendant. If he finds the attorney not to his liking or unconscerned with his issues, he might want to change lawyers.

Call me if you would like more information.

Read more
Answered on 8/27/07, 10:02 pm


Related Questions & Answers

More Criminal Law questions and answers in New York