How Do I Modify My Criminal Sentence?

There are several ways to modify or correct a criminal sentence. The trial court may, without recalling a criminal sentence, modify or correct only clerical errors in a judgment. A clerical error occurs when an error is made while recording the judgment rendered by the trial court. To be characterized as clerical, an error must not be reasonably attributed to the exercise of judicial discretion. The court then has an inherent power to correct it so that the record reflects the actual facts.

However, the trial court may not modify or change on its own initiative a judicial error created as a result of a mistake in pronouncing a sentence. Judicial error is an error that resulted from the exercise of judicial discretion. Because usually such errors cannot be corrected by amendment, a person who has been convicted of a crime has to correct such an error by filing either a criminal appeal or a writ of habeas corpus. The appellate court has the power to change a sentence that is void or incorrect. When a sentence is unauthorized by law, either the prosecution or defense must bring a motion in the trial court to vacate the void portion of the final judgment.

Call Wallin & Klarich Today

If you seek to modify your criminal sentence, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people modify their criminal sentences for over 40 years.

We have offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. We are able to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.