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Re-Sentence Sentencing, Plea Bargains

Discussion in 'Criminal Procedure, Criminal Court' started by frenchie79, Nov 16, 2008.

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  1. frenchie79

    frenchie79 Law Topic Starter New Member

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    Here we go. i was charged for poss. of marijuana less than ounce,2 counts of giving false information, and driving without a license. i set up a sweet plea where the assistant d.a in charge of my case offered me to plea guilty to the poss. of marijuana and one count of giving false info and she would ask the others to be dismissed. i did and the judge accepted it and sentenced me to time served for the giving false info and a total of 500 dollar fine plus misc fee which totaled to 950. he asked if i could pay it today i said yes. he said pay the fine and he wouldn't give me probation since i live out of town and cant drive. i paid the fine and got a receipt on the bottom of it, it said Case Closed. Its been almost six months now and i got a letter in the mail saying that the case pending against me will be called for RE-SENTENCE seven days from the day they day she certified that she sent it out. Now for the question. Is this legal? can they bring me back after the judge signed off and sentenced me? If so, Why isn't this unconstitutional? i thought it was over he said it would be over if i was able to pay the fine. One more if it is possible, what can they be re sentencing. i don't get it please help me
     
  2. frenchie79

    frenchie79 Law Topic Starter New Member

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    i called the da today and they said all they could tell me was the GCIC had rejected my plea agreement and they have to re sentence me. I dont get it if the judge incorrectly accepted something shouldnt they go after the judge or da for incorrectly offering and accepting the plea not me.


    please help i have to go to court in two days and i have no idea what to do. Can i ask for a continuance because of the short notice so i can find a lawyer that will call me back. I'm running out of time and cant seem to get any answers of whats really happening in this case for the D.A. thank you your any help you might be able to give. this is in Georgia USA
     
    Last edited: Nov 18, 2008
  3. frenchie79

    frenchie79 Law Topic Starter New Member

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    i cant seem to get any answers so i was wondering this. Can i ask for a continuance to get legal help at a re-sentencing? AT the re-sentence can they charge me with something else or just what i have plead guilty to? Thanks to anyone who might be able to give advise. i have to be in tomorrow the sent me a letter in the mail sent out 7 days before my court appearance. It got5 here on the weekend so i only had 3 days to figure something out.
     

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