Legal Question in Criminal Law in California

Amended Abstract Of Justice

Can the courthouse change a sentence to add more time

after a plea bargin and sentencing.

I know someone who was sentenced to 3 yrs 8 mo

and his time was amended to 4 years can the do that

without his knowledge. (My Son)


Asked on 10/28/02, 11:53 pm

1 Answer from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Amended Abstract Of Justice

Your question does not contain enough information to fully respond. The court house does not sentence or change a sentence. A judge must do that. A sentence is akin to a judgment and cannot be changed once it has been made by the judge. The exception to this rule is that a clerical error may be corrected. If the court had ordered that the sentence was to 4 years but it was recorded as 3 years 8 months, it could be changed by the court.

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Answered on 10/29/02, 1:22 am


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