QUESTION
Can my friend file for reconsideration on a sentence if he has served 2 of his 4 years already?
Asked on Nov 14th, 2012 on Criminal Law - Florida
More details to this question:
I have a friend that has already been sentenced to 4 years on a felony & probation violation and has already served 2 years of the sentence, is it worth a try going back to court for a reconsideration on the sentence?
5 ANSWERS
John J. Carney
You cannot change a sentence, you can only get parole, work release, or a pardon, and you are not going to get a pardon unless you know the Governor or the President.
Answered on Nov 16th, 2012 at 2:28 AM
In Utah, a person serving a sentence can petition the Utah Board of Pardons to reduce the sentence and release the person on parole earlier.
Answered on Nov 15th, 2012 at 5:14 AM
Michael J. Breczinski
It never hurts to ask. The worst is that the judge says no.
Answered on Nov 15th, 2012 at 5:07 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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You could meet with a local criminal defense lawyer for a consultation, but generally speaking, asking the court to reconsider is a waste of time. Even if you have a great reason for the court to reconsider its sentence (e.g., defendant's parent or child is about to die), the courts are extremely reluctant to modify sentences. They don't like to do this because if they do, everyone will come back later asking for reconsideration.
Answered on Nov 14th, 2012 at 2:34 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, it is not worth it considering the attitudes of most judges.
Answered on Nov 14th, 2012 at 2:32 PM