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will that person get more time if they lose in appeals court?

2006-08-17 12:53:33 · 6 answers · asked by cindy m 2 in Politics & Government Law & Ethics

6 answers

No, but there has to be a basis, or reason for the appeal. The reasons can be misrepresentation by the lawyer, a witness being untruthful, something admitted into evidence that wasn't supposed to be. . . The reasons are endless. But they have to be valid, and the court has to agree with it. An appeal just is going over all of the evidence, and proving the reason for the appeal. Typically the sentence remains the same, or it could be reduced. And the conviction itself could be overturned, and the person could be found not guilty.

A lawyer is the person to ask. Speak to the lawyer that was the trial lawyer. They are familiar with the case. If they are the reason for the appeal, contact another lawyer that specializes in criminal law.

2006-08-17 13:05:21 · answer #1 · answered by volleyballchick (cowards block) 7 · 0 0

No, sentencing can not be changed unless that is the purpose of the appeal. However, the case can be remanded to the original court due to an evidence conflict. I do not know if that can cause a different sentence or not, although it is not likely.

2006-08-17 20:01:38 · answer #2 · answered by ? 4 · 0 0

No...whatever punishment that was handed down in the sentencing phase can not be changed unless the appeal is for a reduced sentence. They can never be given a harsher punishment for appealing.

2006-08-17 19:59:33 · answer #3 · answered by jodaco01 2 · 0 0

No. Only if the case is reopened and he/she is adjuticated given new evidence that may have been introduced during the appeal. If all of the evidence remains constant and no new witnesses are presented, the original ruling cannot be overturned.

2006-08-17 20:01:01 · answer #4 · answered by Rob 2 · 0 0

I am not aware of any jurisdiction where this would be possible.

2006-08-17 19:59:20 · answer #5 · answered by Carl 7 · 0 0

umm no ...

2006-08-17 19:58:48 · answer #6 · answered by The Thinker 6 · 0 0

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