Skip to main content

What does it mean to have your sentence vacated? and will have to be resentenced?

Big Rapids, MI |

my son was waiting for an appeal, It was a SCS charge.

Attorney Answers 5

Posted

"Vacated" means: "set aside." I assume by "SCS" you mean "CSC" for "Criminal Sexual Conduct." I would kindly but strongly recommend you have a Criminal Defense attorney carefully review the case documents to confirm the status of your son's case. Sometimes, the Court of Appeals "remands" the case, which means the case has to be tried all over again. I would have to review the actual Court of Appeals Opinion to be sure, but it sounds like your son's sentencing by the lower court judge was done improperly, such that your son may have to be re-sentenced. I wish your son all the best of luck. Warmest regards, Matt Catchick. www.catchicklaw.com

Mark as helpful

5 lawyers agree

Posted

This could mean several things. An out right dismissal or just a resentence. Did the opinion say anything about a remand and retaining jurisdiction?

Mark as helpful

2 lawyers agree

Posted

Vacated means set aside. Was the case dismissed, reversed or sent back for resentencing. Meet with his attorney to determine which of the three.

Mark as helpful

4 lawyers agree

Posted

If a sentence was vacated, that likely means it was improper for some reason. I would imagine your son will be resentenced.

Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- www.AfterTheTrial.com -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Mark as helpful

1 lawyer agrees

Posted

It usually means the court imposed an invalid sentence & now has to re-sentence you. Could be good or bad for you - don't have enough info. Hire an attorney.

Mark as helpful

1 lawyer agrees

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics