Sentence Modification – Overview

In most cases in which a defendant is convicted of a criminal offense and sentenced by a judge, that sentence may be subject to later modification. When a judge modifies an earlier sentence, it often involves reducing the prison term or changing the particular requirements of probation.

Once a criminal defendant has been sentenced to serve time in state prison, the sentencing court typically has 120 calendar days in which to modify the sentence as if the original sentencing had never occurred. A judge also has the power to modify the sentence as long as the sentence has not yet been entered into the minutes and the defendant has not yet begun to serve the sentence. The judge, however, loses this ability to modify or adjust the sentence once it is entered into the minutes or implemented against the defendant. At any time after the defendant has begun to serve the sentence, he/she can initiate a writ of habeas corpus to challenge the legality of the defendant’s incarceration by asserting some violation or denial of a personal right. If a convincing argument can be made with the help of criminal defense attorney, a judge may declare the sentence illegal and may either release the defendant from custody or reduce the sentence. A writ of habeas corpus is also available to contest terms of probation.

If the sentence imposes conditions for probation, the specific terms and requirements of the probation may also be subject to later modifications by the court. Under California Penal Code Section 1203.3, the court has the authority at any time during the probation period to modify or change a particular condition of a probation sentence. The court also has the discretion to terminate probation altogether. A judge’s ability to change an earlier probation sentence is dependant on whether the defendant can show a change in circumstances or other “good causes” that warrants the modification, and if the modifications would be fair and just in light of good conduct or reform on the part of the defendant.

A criminal conviction followed by the imposition of a sentence does not necessarily signal the absolute end of the matter. The particular facts and circumstances of your case may entitle you to a shorter jail sentence or more lenient probation restrictions. At Wallin & Klarich, our attorneys can help you bring a writ of habeas corpus to modify your sentence and ensure that your rights remain protected. We have over 30 years of experience in making sure that our clients are treated fairly under the law and that they receive the best legal representation through every step of the process. Call us today at 888-749-0034. We will be there when you call.