Changing a sentence

If a judge gives a sentence then realizes 2 months later that he made a mistake. ie.....giving 1yr conditional discharge for a Youth offender low felony......then realized it should have been 3yr CD.....now wants to resentence the youth....is that legal??

Please help?

[msgny]

Your lawyer could object if you can argue you relied on that sentence and accepted it.

[OHlandlord]

As a former records clerk for a state prison, I have seen judges send in a correction in sentencing. If the sentence does not match with state law (IE: mandatory sentencing guidelines), he can correct the sentence by sending a revised sentencing order to the prison/jail/probation department. If the sentence for a given crime has a guideline, and the judge's sentence is within the state's guideline, it may be challenged if a change is ordered. The original sentence may be upheld as long as it falls within the guidelines for the crime the person was convicted of.

You can look up state law and find out the type of offense (misdemeanor, felony) and the level (1-5), then check the sentencing guidelines for that offense. From there you can find out what period of CR it requires. Many states give guidelines (like 1-3 yrs CR) for a F-2 level of _______ (specific crime). Check out the law section of your local library to see if the 1 yr falls within the guidelines.