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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

  1. 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

  2. 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.

  3. 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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