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Procedural Error

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dcarvin

Junior Member
What is the name of your state (only U.S. law)? North Carolina
Can someone be sentenced without being present in front of a judge? During the sentencing the court went into recess and the defendant left. However he was sentenced. Wouldn't this be a procedural error or serious miscoduct during the procedure? Should he have had the right to be present and brought before the court to testify or answer any questions? A law was passed in 2002 that you could be sentenced without being present in front of a lawyer, but by that time he was already sentenced and convicted.
 


seniorjudge

Senior Member
Q: Can someone be sentenced without being present in front of a judge?

A: Yes.


Q: Wouldn't this be a procedural error or serious miscoduct during the procedure?

A: No.


Q: Should he have had the right to be present and brought before the court to testify or answer any questions?

A: It depends.



If you think your sentencing was wrong, then you need to appeal it.
 

dcarvin

Junior Member
It depends on what?
If the law passed in 2002, after the sentencing than it should have been an error and an appeal should be filed correct?
 

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