Legal Question in Traffic Law in Wisconsin

Can a judge change a judgement of conviction after sentencing?

After sentencing, can a judge threaten to revoke a huber law privilage that was given at sentencing as a condition of probation for sentencing if the defendant tries to requests a jail alternative such as electronic monitoring?


Asked on 6/20/06, 12:11 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Can a judge change a judgement of conviction after sentencing?

There is no telling what a judge might do if you aggravate one sufficiently, regardless of the legality of any order responding to a modification request after conclusion of the case. Judges are generally under extreme pressure to move their overbooked calendars along and are also only human. They can therefore can become upset due to new requests which they believe to be frivolous. Theoretically, a harsher new sentence must be justified by some new factor, such as probation revocation. Modifications of a sentence such as electronic monitoring rather than incarceration are unlikely unless there is a medical need for electronic monitoring. An example of this would be the inability of the jail to cope with some new medical condition. If you bring such a request without such a good reason, you should be ready for unpleasant results. Revocation of Huber privileges can also occur administratively due to violations of jail rules, new offenses, etc., without any action by the Judge.

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Answered on 6/20/06, 6:22 pm


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