Quantcast
Home / Opinion Digests / Criminal Law / District court’s jail waiver bars circuit court jail sentence (access required)

District court’s jail waiver bars circuit court jail sentence (access required)

Where the general district court waived jail time on the commonwealth’s behalf for a defendant charged with possessing marijuana, the commonwealth cannot seek jail time in a de novo circuit court trial of the charge. Further the charge must be dismissed with prejudice due to a jurisdictional issue. Overview The commonwealth charged defendant with possessing marijuana. The general ...