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

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

Attorney Answers

5
J Catchick ·
"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
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David Carter ·
This could mean several things. An out right dismissal or just a resentence. Did the opinion say anything about a remand and retaining jurisdiction?
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Dean Tsourakis ·
Vacated means set aside. Was the case dismissed, reversed or sent back for resentencing. Meet with his attorney to determine which of the three.
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John Lloyd ·
If a sentence was vacated, that likely means it was improper for some reason. I would imagine your son will be resentenced.
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Jamil Khuja ·
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.
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