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MELANIEKAE · Nov 1, 2018, 11:54 PM

I would like to know if a person has been convicted of a felony. How would a person go about giving that sentence back to the state? Is that even possible? I do know off a man that was giving a life sentence and he gave it back and is now free man on parole for the rest of his life.Just do not know how he did it. Thanks Melanie

Fr_Chuck · Nov 2, 2018, 09:14 AM

There is no such thing as "given a sentence back"

After they are sentenced, even to life, they can
1. appeal the sentence
2. They can serve an amount of time and then may apply for parole

Parole is given on most sentences and then they (in the US) parole out to a half way house, family member or special centers for parole.

ma0641 · Nov 2, 2018, 02:32 PM

You don't "give back a sentence". What has occurred is, upon appeal, a case may be returned to the court for an appraisal of punishment if sentencing is at odds with other similar cases or mitigating circumstances were later discovered. For example, there have been cases of voluntary manslaughter convictions being overturned when further investigation discovered the victim may have been more involved in the proceedings than originally indicated and the case was overturned. The person did not get out of jail, they were resentenced for involuntary manslaughter which carried a lower term of incarceration. So, their time spent in jail was considered time served and then they were released on parole.

talaniman · Nov 3, 2018, 11:16 AM

There is a great possibility that this convict has mislead you regarding the facts of his case, or doesn't understand what happened himself is the simple answer to your question. No, there is no such thing as giving a sentence back, As far as parole for life, it's strictly applied to certain sex offenders to my knowledge, and depends on the state that paroled him, and the felony he was convicted of, so much more details would be necessary for any kind of opinion.