If a judge fails to appear at your sentencing 8 times which results inextending the process over a year longer than usual, is there any legal actionI can take?

I received a DUI over 2 years ago. I have finished my drug rehabilitation program last month and am solely waiting to be sentenced. Technically, I’m just waiting for the judge to accept my plea of guilty. They refuse to allow a fill-in judge to sentence me and he has missed my court dates repeatedly. I could have been halfway done with my probation at this point and have had my license reinstated, as it is only revoked for three months after sentencing. Is there any legal action that I can take?

Asked on August 26, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately there is no legal action that you can undertake against the criminal justice system or the judge who is supposed to accept your plea and impose your sentence for your guilty plea of driving under the influence of alcohol or a controlled substance.

The problem with many states in this country is that there are too few court attendants, staff emebers and judges for the many cases that are in the system.

The good part about the delay in having sentence imposed upon you is that you have had the time to complete all that was required of you. Potentially the sentencing judge will take this into consideration as well as the long delay in imposing a sentence that is not too onerous for you.

Good luck.

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