After being on probation for 3 years, can a judge change the sentencing agreement?

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After being on probation for 3 years, can a judge change the sentencing agreement?

I have been on probation for 3 years and have had no problems. I went to and finished college then got a full time job in my field of study. I was reporting once a month and had all my fines paid in full. Last time I went to probation my PO told me the judge changed my conditions and added behavioral treatment to my sentencing agreement. This also means I know have to report twice a month until completed, and go once a week to group treatment. I have to pay for this out of pocket which will cost about $2500 and take a year to complete.

Asked on October 12, 2011 under Criminal Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. Unless the terms of the initial sentencing had an express provision for a subsequent modification by the court, the court should not be able to change the terms of the sentence that you received assuming you have upheld the end of your agreement.

If there has been a change on the sentencing agreement, you need to carefully review its terms and conditions to see if the court was allowed to do what it did. If not, I would consult with a criminal defense attorney.

Good luck.


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