Asked by: Niko Kinkelin
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Can a judge change a sentence after it has been imposed?

Last Updated: 19th April, 2020

As a general rule, once a finaljudgmenthas been entered in a criminalcase—once thejudge has delivered a legallyvalidsentence—the judge loses the abilitytochange that sentence unless a specific law givesthecourt authority to modify it.

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In this regard, can a judge change his mind after a ruling?

An attorney can always ask a judgetoreconsider a ruling on an objection, motion or sentence.Ajudge typically cannot reverse a verdict given attheconclusion of a trial but can grant amotion for anew trial in certain cases.

Secondly, can a charge be changed after conviction? A judge decides the formal legal consequencesoncea conviction has been determined. Something manypeople donot know is that criminal sentences can bemodifiedonce the trial has been completed. A criminalsentencemodification is only available under certaincircumstances, and isnot available for all cases.

Consequently, what does motion to modify sentence mean?

A motion to modify sentence is filedaftersentencing within 90 days of the guilty finding. It askthecourt to modify the sentence to lightenthesentence.

Can a sentence be increased on appeal?

If you appeal the sentence and win,thereis a presumption that the judge cannot sentence you tomoretime on a re-sentencing and if he does, even if thegreaterre-sentence is legal, the People have to show thatthe courtincreased the sentence based on newaggravating factsthat were not before the court on thefirst

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