Legal Question in Criminal Law in Indiana

Being sentenced after serving the sentence.

My husband was given a plea agreement for a DUI. He signed the plea agreement and they delayed his sentencing. He was then informed that he was to start his sentencing and he did so. Then he realized he was never legally sentenced. His sentence has been over and served for over a year now, but the court has found out that they never sentenced him. So next week they are going to resentence him. Is this legal? It seems to me that this is a violation of his rights. How can they sentence you after you have served your sentence?


Asked on 2/04/98, 3:23 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Hope this reply isn't too late!

Run -- don't stop to pass GO -- to a civilrights attorney immediately! You will likely learn more from an attorney specializing inPrisoner's Rights/Civil Rights than you will from a criminal defense attorney about whetheryour husband can take the offensive (be a plaintiff in a civil suit -- so as to sue the authorities)before he is a criminal defendant willing to be "sentenced" by them? Why use the prefix "re-"if the sentencing didn't happen in the first place? Was your husband in lockup or in jail?There is a difference in MA. Is there a difference in your state? Ask a local criminal defenseattorney? Wild!

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Answered on 2/15/98, 3:29 am


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