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I had a criminal court hearing and was sentenced, but was…

I had a criminal court...
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out
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Answered in 5 minutes by:
10/16/2017
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,703
Experience: Managing Attorney at a Law Firm
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Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Under the rules of criminal procedure, you should have been sworn in.

However this unfortunately is not in and of itself grounds for having a sentence or plea bargain thrown out. Instead, the remedy would be to have you swear in, and acknowledge agreement to the plea bargain or sentence that was signed and dated on the specific date you initially were sentenced.

Even though you were not sworn in on the record, there would have been a plea agreement or sentencing form that you signed at the time, acknowledging your plea. This form is part of the official court record and file on your case.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,703
Experience: Managing Attorney at a Law Firm
Verified
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Nisha Jones, Esq.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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