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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 142495
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can a prison administrator change a judges sentence

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Can a prison administrator change a judges sentence arbitralily ? If not, what is the remedy for doing so ?
JA: What are the exact charges? Is this a federal or state case?
Customer: This is a state case.
JA: Where did this occur? Sentencing laws vary by state.
Customer: This is in Texas.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have visited with parole lawyers, criminal lawyers and judges and none can answer.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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  1. Nobody can add to a sentence or change a sentence issued by a judge except the judge or the appeals court.
  2. If the administrator is not adhering to the sentence, he needs a lawyer to go back to court to get the court to rule on the changes made by the administrator.

 

 

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Customer: replied 4 days ago.
What procedure is necessary to address the court ?

Thank you for your reply.

  1. The inmate needs a local attorney to file.
  2. If they are changing the sentence the attorney needs to file for review and ruling on the charges.
Customer: replied 4 days ago.
What does the attorney file? Habeous Corpus ??

Thank you for your reply.

 

  1. If they are holding him beyond his term, then yes it would be habeas corpus.
  2. If they have changed something else, then it would be a motion for review.