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Can you get charged with the same crime after getting a post conviction collateral relief motion passed

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babybball52

New member
of your state? Pennsylvania

Can you get charged with the same crime after getting a post conviction collateral relief motion passed
My sons father precious case was dropped and he was released from jail after this motion was filed. Now they are trying to charge him again even though the motion states his constitutional rights were violated and he isnt subjected to register
 


Zigner

Senior Member, Non-Attorney
of your state? Pennsylvania

Can you get charged with the same crime after getting a post conviction collateral relief motion passed
My sons father precious case was dropped and he was released from jail after this motion was filed. Now they are trying to charge him again even though the motion states his constitutional rights were violated and he isnt subjected to register
That's a great question for him to ask his attorney.
 

Just Blue

Senior Member
of your state? Pennsylvania

Can you get charged with the same crime after getting a post conviction collateral relief motion passed
My sons father precious case was dropped and he was released from jail after this motion was filed. Now they are trying to charge him again even though the motion states his constitutional rights were violated and he isnt subjected to register
Do you really think it's wise to blap about your husbands criminal case on the internet? How can that possibly help him?
 

quincy

Senior Member
of your state? Pennsylvania

Can you get charged with the same crime after getting a post conviction collateral relief motion passed
My sons father precious case was dropped and he was released from jail after this motion was filed. Now they are trying to charge him again even though the motion states his constitutional rights were violated and he isnt subjected to register
There should be a hearing on the motion. A post-conviction collateral relief motion is an appeal and if the motion is granted, the previous conviction or sentence can be vacated for a new trial or sentence.
 
Last edited:

babybball52

New member
Thank
There should be a hearing on the motion. A post-conviction collateral relief motion is an appeal and if the motion is granted, the previous conviction or sentence can be vacated for a new trial or sentence.
So after his release based on the motion's approval he needs another hearing?
 

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