Legal Question in Criminal Law in South Carolina

A man is found guilty of a crime. The man has served 12 of the 16 years he was sentenced. It was found out that evidence was buried so the attorney of the man who was sentenced has the case reopened. At the court hearing the DA motions to extend the mans sentence to life if he is still found guilty. How is that possible when the man was already sentenced?

Asked on 7/16/13, 1:19 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston
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My answer is only a guess, since I need more information about the case and all of the legal procedings. But if my guess is right, what you have described is a case where the original verdict and sentece has been vacated, and not he is dealing with the original charge, just like the first time around. Therefore, since the original sentence has been vacated, the prosecution is free to seek any sentence they feel appropriate, just like in the first trial.

Robert J. Johnston

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Answered on 7/17/13, 6:15 pm

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