My son was sentenced to 2 years for a DUI in Virginia . Had a reconsideration court date for the previous sentence and at that time was court ordered to be evaluated for dention and diversion. Was evaluated and approved for dention and diversion and then the judge said he wanted him to set in prison. Can he legally change his mind just because he wants him to set in prison.
1 Answer from Attorneys
Yes, of course, the judge being a judge, is not required to accept the recommendation of the prosecutor, probation personnel, VASAP folks or whoever it was that may have evaluated your son and recommended him for diversion, but rather is free to exercise his or her discretion in fashioning and imposing any sentence which is within the bounds of what the law provides
for the particular offense for which a defendant is being sentenced.
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