Can a Judge change a sentence?

Question Details: If you was offered 90 day inpatient rehab program, pay fines, and three years probation, but sign for 16 months with half time in state prison. you don't turn your self in to the court but instead go in to a inpatient rehab. Could the Judge change the sentence from prison back to residential rehab or except the rehab program and not send the person to prison?

Asked 10/28/2009 under Criminal Defense | 454 View(s) | More Legal Topics

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Criminal Defense Law Answers

A plea bargain between the prosecutor and the defendant must pass the final test, which is the judge.  If the prosecutor offered you 90 days in-patient rehabilitation with fines and 3 years probation and the judge agreed but somehow you signed the wrong agreement, the judge can overrturn it.

Your best option at that point is to contact through your public defender or private criminal counsel the prosecutor involved and ask for reconsideration or your counsel may choose to bring a motion to the court to reconsider the plea bargain and sentencing.

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