If I Get My Case Overturned, Can I Get A Harsher Sentence?

The process of securing a Writ of Habeas Corpus and having your conviction and sentence overturned is no small feat.

But what happens next? Let’s walk through the steps and what you can expect.

The Immediate Aftermath

When your conviction or sentence is overturned, you are set for a new trial unless you were found actually innocent through the Habeas Corpus process. In most cases, this means your case will return to the trial court, and you will be given the opportunity to bond out of jail. You can then work with your attorney to prepare for the new trial.

Effectively, you will go through the same phases as the first time:

• Plea Bargain Phase
• Pre-trial Phase
• Trial Phase

What to Expect in a New Trial

There will be new dynamics.

Often, the original people involved in your case may no longer care, may have died, may have moved on, or may have even forgotten the details. In some cases, the prosecutor may have retired or passed away, which can work in your favor.

Case Dismissal

There are instances where your case might be dismissed if the prosecution cannot locate key witnesses or if significant developments during the Habeas Corpus process have weakened their case. For example, discovering exculpatory evidence, also known as Brady evidence, could likely result in a dismissal or a not guilty verdict.

Sentencing Concerns

If you feel over-sentenced or worry about a harsher sentence upon retrial, here’s some reassurance:

If you were sentenced without a plea bargain, and the sentence gets overturned, the judge cannot impose a harsher sentence than initially given. This is considered “retaliation,” and there is clear case law preventing it.

However, if you opt for a jury trial, the jury can impose a harsher sentence as they will be unaware of the previous trial or appeal process.

The Practical Side

In many cases, prosecutors prefer to resolve these cases quickly to avoid the hassle of retrying old cases. This could work to your advantage, as they might offer to dismiss the case or agree to a more favorable plea bargain.

The Writ of Habeas Corpus is a powerful tool that can significantly improve your situation. Don’t fear the potential consequences; in most cases, you will find yourself in a better position than before. You’ll be freed from prison and able to bond out of jail. At the very least, you’ll have the chance to negotiate a better deal, get your case dismissed, or win at trial.

Things to Think About

Conviction is not the only thing people wonder about.

Sometimes, it may be that they feel over sentenced, or maybe they plea bargain case and the attorney didn’t represent them effectively.

They feel like they are going to get hit worse than in the first place if they challenge this.

There are some things that can prevent that from happening.

If you have gone through the sentencing process without a plea bargain, and you’ve been sentenced by a judge or jury, and that for some reason gets overturned through the 11.07 Writ of Habeas Corpus process or Appeal process, that is when your case comes back down.

If you go through a trial again or open a plea before the judge where you plead guilty and the judge assesses the sentence, then the judge cannot impose a harsher sentence than you received before.