Legal Question in DUI Law in Wisconsin

3rd dui child in car.convicted and sentenced to 9 months jail and 2 years probation case closed.now court says they made a mistake and with these charges one cannot get probation.so they made another court date now which is a sentencing hearing i believe.been told they could now possibly give more jail ,possibly even prison this time.can they just do that and change a sentence after one has already been tried , convicted and sentenced?


Asked on 9/30/10, 5:57 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Usually, double jeopardy rules would prohibit increasing a sentence if resentencing is required due to a technical mistake, unless the defendant requested the resentencing or appealed, leading to the need to impose the new sentence. In those events, the defendant would waive the protections of the constitution in that his request tacitly consented to a new sentencing. However, you do not supply enough specifics for me to attempt to directly answer your question. Certainly, any new misconduct since the sentencing would change all of this. You therefore need to address this question to your attorney, who is hopefully a seasoned criminal lawyer. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine.

Read more
Answered on 10/06/10, 5:41 am


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Wisconsin