I got a disorderly conduct citation, went to jail, and got bailed out. I recieved two separate letters in mail. I have to go to court for sentencing twice. I got a criminal charge and a misdemeanor charge. Both charges have the same case number, same violations, and everything. Can the government sentence me on the criminal charge and then again on misdemeanor?
You need to have your paperwork reviewed by a defense attorney. It is possible to receive multiple charges from one incident. Misdemeanor and felony charges are criminal charges. A ticket is issued for forfeiture offenses, which are not criminal. It is possible to receive a forfeiture citation and criminal charges from the same incident. Your initial appearances do not need to be sentencings. If you don't have a lawyer by your court date, plead not guilty in both cases and ask the court to appoint a lawyer for you on the criminal case .
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
I agree with Attorney Witt. There is likely some confusion. From the facts you descibe, you would not be sentenced twice on the same case. Check your court notices carefully to make sure they are not for separate cases or for different hearings on the same case. If this doesn't clear up the issue, contact an attorney that can review the documents and provide specific guidance.
I concur with the answers from the other two attorneys. Be aware that a misdemeanor IS a criminal charge. You may have a situation in which the court scheduled your sentencing hearing and then, due to some scheduling conflict with the courtroom, judge, prosecutor or victim, the court rescheduled the hearing for a different date. Review the notices that you were sent carefully. If you still have some confusion, call the clerk of courts' office and ask if your case is actually scheduled on both dates. You may want to consider hiring an attorney to help you with sentencing. An attorney with experience with the judge in your case may have some insights into specific arguments that your judge usually finds persuasive and others that the judge dislikes and should , therefore, be avoided. Be aware that many sentencing arguments sound better coming out of the mouth of someone other than the accused.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of the Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
There is disorderly conduct and there is disorderly conduct. The same name can apply to both a non-criminal ordinance charge and a criminal charge. When you say you have to go to court for sentencing twice, that implies that you have been in court on these charges already.
You should have a lawyer help you with this. If you are eligible for a public defender, that will be a lawyer. Ask him or her. Bring all paperwork.
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