Appealing A Criminal Sentence Based On A Change In The Law

Waiting for a sentence in a criminal case is one of the most stressful events in a person’s life, even if you pleaded guilty as part of a plea deal and almost sure that you will avoid the worst possible sentence that the court can hand down for the crime with which you were charged. Even more stressful is waiting for a verdict in a criminal trial, because you either get the best possible outcome or one of the worst. If you get acquitted, your case is over forever, and you are free. If the jury convicts you, then the judge gets to choose a sentence within the sentencing guidelines, and it is often a harsher sentence than what you would have gotten if you had taken a plea deal. This is why some defendants who originally plead not guilty change their pleas to guilty before the trial. Pursuant to the “no double jeopardy” rule, an acquittal is the incontrovertible end of a criminal case, a conviction and sentence are not. Defendants have the right to appeal their conviction or sentence. If you want to appeal your sentence after a guilty plea or after a conviction at trial, contact a Tampa criminal defense lawyer.

Supreme Court Rules to Allow Defendant to Appeal Sentence That He Received Before the Current Law Went Into Effect

Of all the decisions that the Supreme Court of the United States issued in June 2025, the ones about criminal cases did not make the most news headlines, but they may affect numerous people accused or convicted of crimes. Consider how much the Miranda and Gideon rulings of several decades ago affected the way the criminal justice system functions. Today, police read the Miranda warnings when making an arrest; if they do not, then defendants, even those who plead guilty, are in a strong position to appeal their convictions. Likewise, the Gideon ruling ensured that the states must employ public defenders and assign them to represent defendants in criminal cases who cannot afford to hire their own legal counsel.

This summer, the SCOTUS issued a ruling in the Hewitt v. United States case. In this case, the defendant was convicted of robbery. While he was serving his sentence in prison, the law changed regarding the sentencing guidelines for his crime. The new law would enable him to be released from prison earlier. Therefore, he appealed his sentence. At first, the court rejected his appeal, but when his case reached the Supreme Court, it ruled that the trial court must reconsider his sentence to reflect the change in the law. Other defendants may now appeal their sentences based on the precedent set by Hewitt.

Contact Tampa Criminal Defense Attorney Bryant Scriven

A criminal defense lawyer can help you if you are serving a sentence that, if a judge had handed it down today, would be considered excessive, and now you want to appeal.  Contact Scriven Law in Tampa, Florida to schedule a consultation.

Source:

supremecourt.gov/opinions/24pdf/23-1002_1p24.pdf