Legal Question in Traffic Law in California

In traffic court after you have plead guilty and the Judge has sentenced you and you leave the court room; can the judge then bring you back in to the court room and say he made a mistake and increase your sentence? The second time he again asked me how I pleaded and then increased my sentence.


Asked on 2/06/10, 1:06 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Just yesterday there was a news item about a judge who got in trouble for dragging someone back into court after the end of a hearing -- and let me tell you, a judge getting in trouble is very, very rare. "The Commission on Judicial Performance said yesterday (2/10/10) it has charged Placer Superior Court Judge Joseph O�Flaherty with willful misconduct, conduct prejudicial to the administration of justice, and improper action. In a notice of formal proceedings, the commission charged that the judge abused his authority by calling a small claims plaintiff back into court after his case was dismissed and ordering him to stay away from the defense witnesses, even though there were no allegations of harassment made during the hearing." I would write to the Commission on Judicial Performance.

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Answered on 2/11/10, 2:06 pm


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