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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23600
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Sentenced to 4 months of weekends as part as a pleade deal.

Customer Question

Sentenced to 4 months of weekends as part as a pleade deal. I served 12 and was resentenced to straight time. When I was resentenced it was a different judge and they arrested me on spot and took me to the jail. He sentenced me to 60 days got 20 for good time and 48 for time served and was released. Two weeks after being free the court contacted my lawyer saying the judge who resentenced me made a mistake and I had to go back to court today to be resentenced to more jail time. 6 more weekends or 24 days. My old lawyer said the first judge overruled the judge who made the mistake. Today in court the first judge said we made a mistake and are here to
Fix it. How's that legal I was released from jail n free for two weeks. This is like double jeprody? can I fight this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

My name is ***** ***** I am a New York criminal lawyer.

I would certainly argue that if you were resentenced and the DA did not object to the new sentence as not being the same amount bargained for, then so long as your resentencing wasn't unlawful (less time than any applicable mandatory minimum) that you can appeal this. One problem is is that unless your lawyer can get you bail pending appeal -- possible but not always likely -- you will have to go in and will be finished with your sentence before the decision comes back. On the other hand, if you win the appeal, you may have a suit for the wrongful detention.