If you have already been sentenced but the wrong date of the incident wasgiven, can something be done?

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If you have already been sentenced but the wrong date of the incident wasgiven, can something be done?

Didn’t realize until we left courthouse.

Asked on July 21, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Once a conviction of a crime has occurred (either by a plea or an actual trial before a judge or jury) and a sentence has been imposed by the court for the conviction, the alleged wrong date of the incident means nothing at this point.

The conviction cannot be set aside at this point in time because you believe that the wrong date of the incident was provided.

Did you have a lawyer representing you when the plea was entered or at trial? Or did you represent yourself without legal counsel during the criminal proceedings? The sentence imposed is the penalty for the crime that you were convicted of. Once imposed, nothing can be done with it if you think the wrong date for the crime's date was provided.

Good luck.


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