Son convicted-spent 17 days of 30 day sentence in MD Balt city det center. If he appeals the conviction, could he be convicted again and serve more time. If so, he wants to withdraw appeal he applied for. It is not worth one more day in that hellhole to win the appeal. He lost appeal because his atty was hospitalized and judge would not postpone case. Basically, a woman slapped him in a bar and he pinned her until her friends pulled her off of him, when he left, she called police and said she was assaulted, police arrested him walking home, he had no idea she had even called or he would have stayed at the establishment and told his side of the story. Not sure what to do with this one. Can appeal judge refuse to withdraw the appeal?
2007-11-26 14:08:08 · 3 answers · asked by Debbie B 1 in Politics & Government ➔ Law & Ethics
Here is a link that explains Appeals hope this helps. http://journals.aol.com/jsiskopoulos/legalappeals/
2007-11-26 14:21:09 · answer #1 · answered by Anonymous · 0⤊ 0⤋
He can't be "convicted again" because you can only be convicted once for one offense.
The judge "could" revisit the sentencing though, and order a longer term, but it's unlikely.
A judge refusing to allow a continuance when the defendants attorney is hospitalized is pretty unusual, and would make good grounds for an appeal on Gideon grounds.
(Gideon was the Supreme Court case that guaranteed the right to a lawyer in a criminal case)
Remember though that if he appeals and wins, the DA then has the right to re-try him. At a new trial, it IS possible that, if he's convicted, he'll get a longer sentence.
Richard
2007-11-26 14:18:51 · answer #2 · answered by rickinnocal 7 · 0⤊ 0⤋
I don't think he could be re-charged, but if there is no evidence that really could turn things around the judge could say he is was/is wasting the court's time. He should just finish the time up at this point
2007-11-26 14:22:19 · answer #3 · answered by pda13 2 · 0⤊ 0⤋