Can a judge revoke a suspended sentence that was imposed by another judge that has retired?

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Can a judge revoke a suspended sentence that was imposed by another judge that has retired?

Asked on October 5, 2010 under Criminal Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What generally happens when a Judge retires is that cases that are listed on his "docket" or his case load or case list is transferred to another Judge or another Judge is appointed to take over the case load.  As long as the Judge has the jurisdiction (which I am sure that he or she does here) then yes, he or she can revoke a suspended sentence as long as there are the grounds to do so under the Virginia Code exist.   The revocation usually occurs when the Judge feels that there is sufficient cause or good cause to do so, like if the terms of the suspension have been violated by the person.  I would suggest that if this is happening to you you seek help from a criminal attorney in your area.  You can have a hearing on the matter and appeal the decision.  Good luck. 


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