Can a Judge impose a sentence different than what he said in court without informing the defendant?
Asked on Aug 02nd, 2012 on Criminal Law - New Jersey
More details to this question:
I don''t know if I asked the question properly given the complexity of the situation.
I was on probation and violated by not reporting. I went to court a few times a ended up being sentenced to 10 days in county jail. When I was told this in court, I specifically asked the judge if that meant I would continue probation upon release from jail. He said no, I was doing the jail time instead of the probation, however I would still have to complete my community service upon release.
That was 2 monthes ago, and yesterday I recieved a call saying I have to report to probation next week. I just want to know if there is any action I can take in this situation, given what I was told by the judge, and the court proceedings are audio recorded so there is proof of what he said.
the judge has wide discretion to impose the sentence of his/her choice. if the judge made a procedural error, he/she can correct the mistake and impose the sentence. ed dimon
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