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Old 04-30-2009, 11:59 AM   #1 (permalink)
Junior Member
Join Date: Apr 2009
Posts: 1
Motion to reconsider modification denial-Indiana

My son violated terms of probation and was was given back up time of 3 years. At the same time he was facing a new charge. The Judge told us when we had finished with sentencing on the new case to come back to her for modification. It took 7 months for sentencing on the 2nd case. During that time, the original Judge in the first court transfered out of criminal court and to probate court. We hired an attorney for modification with the new judge and he denied a modification hearing.

My question is: Since the original Judge told us( not suggested ) to come back for modification should the replacement Judge be obligated to grant a modification hearing? I do not believe that the original Judge had any intention of making my son do all of the back up time due to her statements in court. If she had not said to come back we would not have invested in an attorney for modification. Is a new Judge under any obligation to honor or at least consider a prior Judge's request?

Thank you in advance to anyone who might have advice for me.
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Old 04-30-2009, 12:04 PM   #2 (permalink)
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Join Date: Nov 2006
Posts: 3,901
The first judge has no jurisdiction or authority to dictate what a future judge may or may not do, nor does she have the authority to address, discuss or rule upon any matter not before her for consideration. Since the judge is no longer there, the new judge does not have to be bound by the intent of the first.

Sorry this is happening to you. I know the judicial system can be frustrating.

Good luck.

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