Civil suit after reduced sentence?

[M6476]

New York
Is there grounds for a civil suit after the appeals court has found that the sentenced imposed after a plea of guilty was harsh and excessive - the term of the original sentence was fulfilled and was later resentenced to a reduced sentence.

So. Plea of guilty - serves complete sentence - sentence found to be harsh and excessive - resentenced to half the amount of time.

Is this grounds for a civil suit with monetary compensation?

 

[quincy]

Were you the one sentenced?

 

[M6476]

Yes

 

[quincy]

For what exactly do you expect compensation?

You pleaded guilty and served your original sentence, as harsh as this sentence was later determined to be. You cannot recover time already served.

 

[Mass_Shyster]

Google “Judicial Immunity”

 

[M6476]

I don't "expect" compensation, I'm asking if it is an instance where compensation should be awarded. And I think you answered the "for what" part yourself - I can't recover time already served. They can't give me back time as compensation so should they give me back something comparable such as money?

 

[quincy]

Here is a link to information on what Mass_Shyster referred to in his post (i.e., judicial immunity):

https://law.jrank.org/pages/7885/Judicial-Immunity.html

 

[Just Blue]

I don't "expect" compensation, I'm asking if it is an instance where compensation should be awarded. And I think you answered the "for what" part yourself - I can't recover time already served. They can't give me back time as compensation so should they give me back something comparable such as money?

What was the crime you were convicted of? What was the time served?

 

[Taxing Matters]

Google “Judicial Immunity”

I agree that the judge cannot be sued for a money judgment out of this. But it might be that the state could be sued for compensation for the OP having been confined illegally as a result of the excessive sentence. I'd suggest the OP see an attorney who litigates civil rights claims in the state where this occurred for advice on that.

 

[quincy]

There is a question as to whether the original sentence was within the sentencing guidelines - and the guidelines determined later to be overly harsh - or if the original sentence exceeded the sentencing guidelines.

Although I agree it is worth a personal review, I am not seeing any monetary compensation in M6475’s future.

 

[Taxing Matters]

Although I agree it is worth a personal review, I am not seeing any monetary compensation in M6475’s future.

There is a lot we don't know about the OP's case, and without all the facts I'm not willing to say there is no possibility for compensation.

 

[quincy]

A possibility exists. More information would be helpful.

 

[M6476]

So I was sentenced to 3-6 (2 consecutive 1 1/2 to 3). I served 30 months. Appeals court found to be harsh and excessive but within the guideline. Resentenced to 2 concurrent 1 1/2 to 3.

 

[M6476]

The crimes that I plead guilty to were 2 grand larceny charges.

 

[M6476]

The grand larceny charges were from shoplifting sunglasses from the mall ($1009 & $1078) the original charges were the same as what I plead guilty to - 2 class E grand larceny charges. However, all of this doesn't seem relevant now that the higher court already ruled.