Legal Question in Criminal Law in New Jersey

Changing sentence

Is it legal for a judge to change a sentence once an inmate has been sentenced? I was sentenced to the slap program a weekend work program instead of a jail sentence. Once i got back to the jail the jail said that i was not eligible for the slap program. I sat in jail for 12 more days until i filed a motion to correct sentence. I was brought back in front of the sentencing judge. He then resentenced me to 90 days in jail. Althought i was originally sentenced to a non jail sentence. I read that once a sentence has been handed down that it could not be changed. Would that be an illegal sentence? This was judge powell from gibbstown, n.J.


Asked on 3/15/09, 11:57 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Changing sentence

Yes, the judge can change a sentence, but that is not what happened in your case. In your case, the judge gave you an improper sentence the first time and corrected it the second time. Of course, going from slap to 90 days is rather extreme. However, if you are done with your sentence, I don't see much that you can do now.

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Answered on 3/15/09, 12:48 pm


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