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How does reconsideration of a sentence work ?

Saint Petersburg, FL |

My boyfriend is currently serving 9 months in jail to follow with 4 years probation for multiple DUI's. He is being told by his jailmates that he can go before a judge for reconsideration to increase the jail time and eliminate the probation.

Attorney Answers 3


Yes he can go in front of the judge to have him reconsider his sentence, so long as it is within 60 days of his sentence. That said, on a 4th DUI, 9 months jail is not overly unusual. I've seen less but I've seen more. And I would add this warning because I hear this all the time coming from my client's jailmates, that your boyfriend needs to ask if any of his jailmates have gone to law school. Fact is jail is full of prison house "lawyers" that think they know the law when all they know is the latest rumor. Anyway, my practice is in St. Petersburg so if you want to give me a call and give me more details I will try to help you. My number is 727-528-1859.

Craig Epifanio

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Fact of the matter is, because he is on probation, or will be doing probation, he can go back to the judge at anytime and ask him to reconsider or change the terms of the probation, even to more jail. He needs to talk to a real attorney before he does this. he may get more than he bargained for.

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hi my name is gracie concerned with the outcome of my husband's case.we're not legally educated nor can we afford an the court process we recieved different public defenders as well as errors in documentation..not to mention the offer to plead guilty didnt a result he is encarceraed till july of 2013..for a posession charge in 2005..he has been arrested for failure to apear many times and has gone to jail he had 150+days served in jail this is his first offense and in all the times he was arrested he never got a new its 2012 and isnt violent the last time he went to jail he was brutally beat and tossed off his top bunk while he was sleeping off the pain from getting beat up a few hours afraid of a repeat concerned as no one was held to answer for that and now hes back in jail again this time for a year 4 months and 1 day ...this is cruel and unjustifiably wrong to endanger his life for a 10 dollar sack that was his only charge called a felony serving a prison sentence will parol with a jacked up record and have troubles getting employed by anyone..this has set us back far enough i suffer from a traumatic brain injury and he has only one kidney how much more do the courts want from us we are half dead and the world is supose to end in dec accordin to the bible why why why!!!we trusted the courts to provide us with a public defender and this is the help we got i want answers and i cant pay for them my brain cant funtion to a normal capasity let alone at the level of an intelegent attorney where do i get good honest and affordable help???this makes me wish i had died in the accident im tiered of suffering and would like to work and live like all the other people who have what we wish and deprive ourselves from just a home and job a family to feel the close and loving surroundings of normal living please help me with an alternative that can set our lives back on track ...i dispise drugs and im sorry if i offend anyone but i dont like people who use drugs they ruined us severly!!!!!!!!!!!!!!!!!!!!!!!!!!please reply with some directions i can understand asap your attention in our lives is more a miraculous wish come true and very much apreciated i thank you for graduating in law school as it takes a seriously smart person to learn as you have i leave my faith in the lord as well as in you thank you emensly mrs gracie montejano sorry for the lenghty comment that turnd out to be a book have good day....


Sounds like your question is whether the sentence can be modified. If his sentence is the result of a negotiated plea with the State, some judges will not modify, because both sides agreed on the sentence. In the jdxn where I work, modification is more likely when a judge imposes a sentence.


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