Legal Question in Criminal Law in Virginia

reconsideration of sentence

my husband was granted a reconsideration of sentence hearing.it was continued today because the judge was in a jury trial.his public defender said that the commnwealth opposed it and could ask for more time.is that possible?,and if the judge granted the hearing is there a good chance he will change his sentence?i dont get many answers from his public defender so i thought i'd ask on here.thanks.i just got my hopes up because they said that dont grant these alot, because the judge could have just denied it.


Asked on 3/28/07, 9:58 pm

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

Re: reconsideration of sentence

There would appear to be nothing unusual in terms of the continuance which apparently was granted the prosecution for additional time to prepare for your husband's reconsideration of sentence hearing.

Unfortunately, I would be quite surprised if this sentencing judge made any significant changes to the sentence which he's already imposed upon your husband.(To do otherwise would be tantamount to admitting that he probably was mistaken in the first sentencing go-round, something which judges are not particularly inclined to admitting.)

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Answered on 3/28/07, 11:41 pm


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