Procedural Error In Sentencing

Summary

A procedural error in sentencing without a guilty plea or verdict may allow for an appeal in New Brunswick. The Crown typically must appear in court to withdraw charges, but exceptions exist. Appearing by phone for an indictable offense is unusual and may indicate unique circumstances. Consult a lawyer for guidance on appeals and procedural rights.

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In New Brunswick, if someone is sentenced without having changed their plea to guilty, it could potentially be a procedural error, depending on the specific circumstances. Generally, a sentencing should follow either a guilty plea or a guilty verdict by a judge or jury.
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What happens if there was a procedural error
In New Brunswick, if there was a procedural error, the person may have grounds to appeal the sentencing. Here are some potential outcomes:
- The appeal could result in a new trial.
- The sentencing could be vacated.
- The case could be remanded for further proceedings.
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Does the crown have to be in court in person to withdraw a charge
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In New Brunswick, the Crown prosecutor typically must appear in court to request the withdrawal of a charge. However, there can be exceptions or specific circumstances where alternative procedures may be allowed.
Is there a specific reason why you're asking about the Crown's presence for withdrawing a charge?
She was offered to appear by phone
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In New Brunswick, the Crown prosecutor may be allowed to appear by phone in certain situations, but this is not the standard procedure. It would depend on the specific circumstances of the case and the court's discretion.
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Is it a good sign when a judge lets the accused appear on phone on decision day on a indictable offense
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Allowing the accused to appear by phone on decision day for an indictable offense is not standard procedure and could be considered unusual. It may depend heavily on the specifics of the case and the judge's discretion.
Is the accused currently in custody or facing any particular restrictions?
No
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Allowing the accused to appear by phone on decision day for an indictable offense is atypical and may indicate some unique situation or discretion by the judge. It would be advisable to consult with a lawyer to fully understand the implications and ensure that all procedural rights are upheld.
Would you like more information on how to appeal a procedural error or any other assistance?
What happens if there was a procedural error
Case Rating: *
In New Brunswick, if there was a procedural error during sentencing, the person may have grounds to appeal. Potential outcomes include:
- A new trial
- Vacated sentencing
- Remanded case for further proceedings
Would you like more detailed information on the appeals process or other assistance?