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soloprac
soloprac, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 664
Experience:  Five years exclusive court house criminal law practice.
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can a sentence be lowered or overturned by appeal and what ...

Resolved Question:

can a sentence be lowered or overturned by appeal and what does consecutive sentence mean as far as parole goes lets say 17yrs for 3 counts
Submitted: 9 years ago.
Category: Criminal Law
Expert:  soloprac replied 9 years ago.

DearCustomer

I have seen prisoners file Post Conviction Relief Act actions for reduction of sentence however it is not a valid claim under the PCRA. I cannot think of any other means or appeal that would allow you to file for a reduction of sentence unless it was an illegal sentence.

Sincerely,

soloprac

 

 

Customer: replied 9 years ago.
Reply to soloprac's Post: Philadelphia ,PA
Expert:  soloprac replied 9 years ago.

Consecutive sentence is defined as: prison terms for two or more offenses to be served one after the other.

Example: Two five-year sentences and one three-year sentence, if served consecutively, result in a maximum of 13 years behind bars.

soloprac and 3 other Criminal Law Specialists are ready to help you
Customer: replied 9 years ago.
thank you no chance he could get out in 7
Customer: replied 9 years ago.
if his appeal is granted and they do not overturn the guilty verdict can they sentence him to more time
Customer: replied 9 years ago.
if his appeal is granted and they do not overturn the guilty verdict can they sentence him to more time and does his time served count and any other programs lessen his time
Expert:  soloprac replied 9 years ago.

If his appeal were granted thereby overturning his guilty verdict he would be granted a new trial. If he had the new trial he could be sentenced to the same thing or a different sentence - it would be up to the jury/judge. It would be up to the sentencing authority to figure out how they wanted to deal with his time served - he would most likely receive credit in some way.

I think 7 years would be unreasonable and would not be available purely on a PCRA.

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