Can a district judge change his ruling after he already announced the sentence in court?
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Can a district judge change his ruling after he already announced the sentence in court?
I was at a friend’s sentencing hearing in court a couple days ago. He
committed so called
Asked on June 15, 2018 under Criminal Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is possible to make a "motion for reconsideration" to ask a judge to revise his ruling, but must be done by the defendant (or his lawyer, of course)--the judge will not (and cannot) revisit a ruling based on a letter from the defendant's friends or families. Rather, a proper legal motion must be made, following court rules and procedures.
Alternately, the sentence could be appealed--but again, that requires formal, proper appeal made by the defendant or his attorney.
If your friend is upset about his sentence or feels that the decision was not made properly, he should hire a lawyer to make a motion and/or appeal.
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