Families of SOs Community Group

WE HAVE MOVED!!! ............................. ............................... ......................... ............................ ............................. .......................... HERE: http://support-for-families.boards.net ............. ................ ............... ................ ............................... .................Please create a profile...

1,307 Members
11,281 Posts
0 Online
Personal Challenges
/ Families of SOs Support Group

Can they do this? - Unbelievable

tearsforson2
tearsforson2
So, a couple of months ago my son was sentenced (8 charges) at 8 years each. The probation report recommended he get 10 years. The judge ruled 8 years. Now the judge is coming back and claiming she made a mistake and meant to give him 10 year each. I cannot believe it! We will appeal this, but still has this ever happened to anyone. He is in California.
Advocate2
Advocate2
I would contact the Bar association in your state - that seems like a breach of ethics to me - the case had been adjudicated - nothing surprises me about the injustice system anymore but I truly do not think hey can do this - move quickly
ThoughtAsWeak
ThoughtAsWeak
That does sound wrong....I would too appeal!
Advocate2
Advocate2
Ok I have done a little research - legal jargon always boggles my mind but from what I can determine the answer is yes and no. The first thing I found was a Supreme court case but it ended up being from the UK so does not apply to USA. But then I found a little more info - the link to the page I found that seemed to have the most information.

If I understand it correctly there are several instances where a judge can change their minds about the sentence. For the most part once a sentence has been handed done and becomes a done deal a judge cannot change the sentence unless it is discovered that all elements of the case were not adjudicated or if it is found that the new facts actually indicate innocence. For the most part it is agreed that a judge should tread lightly with this one. It is not considered a good thing on a judges record to come back and say they changed their mind - they have to have a very good reason. I still say one of your first steps should be to file a complaint with the state bar association concerning it. It is your right as a citizen to do so - you cannot get in trouble for it nor can it make any difference in your sons case. What it will do is get the whole incident on record and make sure you keep copies of dates etc. You can do this complaint by phone, letter, or in many states online. If your son does not still have a lawyer or have confidence in the lawyer he had have him get a public attorney - now.

http://www.groklaw.net/articlebasic.php?story=20080617132247593
aladdin4d
aladdin4d
If the sentence was final (and it sounds like it is) the judge can't go back and change his or her mind on a whim. Whatever was orally pronounced during sentencing is the sentence. Even if something was not adjudicated yet what usually happens is the defendant is sentenced on just what is left without disturbing the original sentence.