Legal Question in Criminal Law in Virginia

modifying a sentence

i was sentenced in november 2006. i have yet to serve my sentence due to a deferred incarceration. now, the judge himself suggested to my attorney to file for a sentence modification due to my failing health. i was given the mandatory minimum sentence on 2 h.o. charges. the judge said in court that he would seriosly consider suspending all but six months of my time, and then placing me on probation. my question to you..can he do this or is he just trying to jerk my chain? i lik to hope that he is being somewhat considerate.


Asked on 10/16/07, 5:52 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: modifying a sentence

Yes, the judge has the power to determine how much of a jail sentence will actually be served by a convicted defendant whom he has already sentenced such as yourself, and it would be most unbecoming of him as a judge and very likely a violation of the code of judicial ethics if "he were merely trying to jerk [your]chain", to use your words.

Tell your lawyer to "get on the stick"

and file for the modification as the judge has suggested.

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Answered on 10/16/07, 6:10 pm


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