Is there a possibility that charges can be dropped at sentencing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there a possibility that charges can be dropped at sentencing?

My boyfriend is found guilty of home
invasion , but there is no physical
evidence and he has no criminal record

Asked on May 28, 2017 under Criminal Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While no lawyer should ever say that something will "never" happen, I have not heard of charges being dropped at sentencing. Sentencing means that your boyfriend was already, as you acknowledge, found guilty: from the court's perspective regardless of whether there was physical evidence or not, his guilt was already found "beyond a reasonable doubt"--therefore, the lack of physical evidence is wholly irrelevant. 
A clean prior record may result in a lesser sentence or punishment, but will not result in dismissing a case where guilt has already been determined.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption