Can a judge revoke a suspended sentence that was imposed by another judge that has retired?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.