Legal Question in Criminal Law in Florida

if a person has been to court and already been sentenced can the state attorney take he or she back to court because they didnt like what the jury nor the judge gave them if this person has already started serving time on the sentenced which was 11months 29 days 5 years probation


Asked on 3/07/13, 7:00 pm

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

If the prosecutor believes the judge incorrectly sentenced the defendant then the prosecutor can ask the judge to correct the sentencing error. The prosecutor can also appeal the sentence. But the jury doesn't decide the sentence (unless it is a death penalty case) so the prosecutor wouldn't take the person back to court over something the jury did, especially if they were found guilty.

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Answered on 3/07/13, 8:18 pm


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