Reviewed on: November 02,2016
Sentencing Questions

Can you have the sentence from a plea agreement changed or reduced?

My son was sentenced to 25 years for drugs and he took a plea for charges to run concurrent but when judge sentenced him she ran them consecutive. Can he get that overturned in court?

The short answer is a qualified maybe (and that is a long shot).
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Answered by a former federal inmate · 14+ years advising families
✓ Verified answer November 02,2016 · Sentencing Questions
1

The short answer is a qualified maybe (and that is a long shot). When a defendent accepts a plea, part of the agreement they sign is they are "waiving their right to an appeal". So on it's face, there can be no appeal - which is the only way to get the sentence changed. When the plea is presented, the prosecutor's offer is not always accepted by the judge. If you take a plea, you are at the mercy of the sentencing guidelines and the pre-sentence report - and the judge who is not bound to any the plea deal, only a sentencing recommendation. If the judge meant to go "concurrent" but mistakenly did "consecutive" you can petition the judge with the prosecutor who will agree with the error. That is the most likely chance the is for a change to this sentence 

Accepted Answer Date Created: November 02,2016
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About this answer: This response was prepared by InmateAid’s editorial team in consultation with former inmates who have direct experience with the federal correctional system. InmateAid has served families of the incarcerated since 2012. This is general information only — not legal advice. Last reviewed November 2016.