Legal Question in DUI Law in Pennsylvania

19 monthes to be sentanced?

My husband was arrested for a second offence DUI in Pa back in Oct of 2003. He was convicted on Aug 11 2004. We have been waiting since then for him to be sentanced. Today we got the letter in the mail he is to be sentanced on March 8.

My question is can they take 19 monthes to sentance

someone?

thanks for any help you can offer.

Jackie


Asked on 2/02/06, 9:00 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: 19 monthes to be sentanced?

Failure to sentence within 90 days may result in the discharge of the defendant. See Commonwealth v. Anders, 725 A.2d 170 (Pa. 1999) (discharge is appropriate remedy for violation of Rule 1405 time limits, but only if the defendant can demonstrate that the delay in sentencing was prejudicial to the defendant). I offer free consultations.

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Answered on 2/03/06, 5:37 am


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