Tag Archives: CORRECTION OF SENTENCE

CAN JUDGE CHANGE SENTENCE AFTER SENTENCE IS IMPOSSED?

Q: Can a judge change a sentence after imposed? Hello I was just wondering if a judge sentenced someone to a max date on a parole violation and stated defendant should be incarcerated until that max date is it possible to go and change that to a later date while the defendant is still in prison. (Pittsburgh, PA)

A: In common terms, it is called double jeopardy if a judge, all by himself, without having a hearing with due notice to all parties, resentences someone after they have been initially sentenced. You need to talk to a local criminal defense lawyer as there is much case law on what constitutes the correction of an errant sentence as opposed to what constitutes a change of a sentence which crosses the line to double jeopardy.