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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116727
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Finally, my son is up for a re-sentencing hearing. He was accused

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Finally, my son is up for a re-sentencing hearing. He was accused and found guilty of pointing an empty gun at a lady and stealing her car when he was 19 years old. He fought for his innocence and lost. Because of a rush to judgment with the woman being a prominent citizen in the community, the judge really went haywire and there were several mistakes made in the court process. Thus, the resentencing hearing and later the strong possibility of a new trial. I and some others will have the priveilege of speaking to the new judge since the other one committed suicide in the courthouse parking lot.

Question...What should and should not be said at a re-sentencing hearing. I need some guidelines because I want to put forth the best effort in presenting a "time served" request since he has already done 9 years.
The resentencing hearing will not typically lead to any new trial, only a hearing about the appropriateness of his sentence. Florida law is very tough and if he was charged with carjacking or armed robbery, you are going to need to show how he was never in trouble before this and not likely to ever be in trouble again and how the sentence itself was out of the bounds with the FL sentencing rules as overly harsh. These are the issues the court looks at for resentencing and giving credit to the time served.

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