Legal Question in Criminal Law in Ohio
reversal/vacated
Appeals court reversed/vacated charges relating to a probation violation that sentenced the person to 3 yrs in prison. When brought back in for a hearing re:the appeal the judge said he was going to resentence the person again and give him the 3 yrs back. The appeal was reversed because of an error of the judge in the first place. Is it possible to recharge him with the same thing?
Asked on 5/10/07, 2:46 pm
1 Answer from Attorneys
Edward DiCato
Edward DiCato Attorney at Law
Re: reversal/vacated
Yes , it is possible. It depends on what mistake was made by the sentencing Judge and what instructions were given by the Court of Appeals.
Answered on 5/10/07, 5:02 pm
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