Legal Question in Criminal Law in Pennsylvania

Release/vacated sentence

My son was serving his time in prison(state) and went for his parole in may and was denied and looking at another year fine and dandy then all of a sudden he was told to pack that his sentence was vacated and back to the county jail he was sent after a year and a half in state prison where now after two days we are still in the dark and all we know is that he has to go back in front of a judge what does this mean?


Asked on 6/15/07, 12:17 pm

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Release/vacated sentence

It seems to me that it means that his case was on appeal and the appeal court vacated his sentence, either because the sentence was illegal, or perhaps because they overturned his conviction on one or more of the charges that he was convicted of. He is sent back to county jail in order to go back before the judge for resentencing, or perhaps to be released.

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Answered on 6/16/07, 12:52 pm
Mark Johns Mark Johns, Esquire

Re: Release/vacated sentence

A sentence would be vacated if it was over turned by the appellate court or if there was some other form of error brought to the courts attention. Court dockets in PA are now public records and can be accessed over the internet. An attorney should be able to quickly determine the situation. I offer free initial consultations.

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Answered on 6/15/07, 12:59 pm


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