If you have already completed the punishment (diversion) for a charge can your case be appealed and retried?
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If you have already completed the punishment (diversion) for a charge can your case be appealed and retried?
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one of the victims family members believes that my punishment was too lenient (diversion for about 9 months). the other family members believe that the punishments we all got are fine. that one family member wants to appeal to a higher court, so i was wondering can i be retried for a charge that i have already completed my punishment on?
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Zach
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No. Many people don't understand the process of an appeal. The family would not be able to appeal the sentence, even if they disagreed with it originally. Once the DA took over it was not their case anymore. They are not the deciders on the punishment, so they have no grounds to say your punishment was too lenient. The family member would have no grounds for an appeal.
An appeal can only be granted when a person's rights were violated, there was a problem with how the case was handled or new evidence can be found. With these the outcome of the trial or plea would have to have come out differently.
You have nothing to worry about. |
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rickinnocal
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No. Once the sentence was entered, that's it.
Richard |
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whatagal828
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Not likely. Once you've paid your dues, that's it. Good luck. |
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