This Chicago Criminal attorney has posted here and here on the nature of sentencing. One of the least understood aspects of sentencing, for the defendant and his/her family is the “choke collar” that often accompanies a sentence. When an individual is sentenced to supervision, probation, or conditional discharge one of the things the individual agrees to is no more criminal charges. It doesn’t matter if the criminal charge is the same as the one the individual is being sentenced on or not. Any new criminal charges gives the court cause to violate or revoke the original sentencing agreement. That violation or revocation includes being re-sentenced.
A lawyer for Kwame Kilpatrick said the disgraced former Detroit mayor's $860,000 debt to the city should be canceled now that he has been imprisoned.
Arnold Reed told The Detroit News he will make the argument in an appeal of Kilpatrick's sentence of 18 months to five years for probation violation. Wayne Circuit Judge David Groner found Kilpatrick had concealed assets.
"When a person gets sent to prison for violating probation, I've never seen, in typical course, a judge say you will have to continue to pay," Reed said. "Usually, you go to jail in lieu of the money you owe. It's very unusual and that's one of the issues we will be looking into on appeal."
Just remember if they will re-sentence the former mayor of a major city, they will resentence you.