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You may have to contact your local district attorney for this one. Different states have different "post-conviction relief" statutes where you may petition to have your sentence changed after imposed. Many judges will not change their sentencing once imposed because even if they want to, they really have no legal path to do so unless you first petition for post-conviction remedies. Post-conviction relief is usually relegated to just a very few specific grounds such as unconstitutionality of the sentence, factual innocence, or newly acquired evidence such as DNA. If the reverse happens, however, where a judge tries to increase your your sentence after a plea bargain for example, you may have no remedy other then a Federal Habeas Corpus (i.e. you must make it a federal case to make the judge abide by his own order).
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What does recusive mean?
Recuse is what a judge does when he or she excuses himself or herself from hearing a case based on reasons that might prevent the judge from ruling impartially or just appear like he or she is ruling impartially. For example if a case involved a relative in some way, the judge should recuse himself or herself from hearing the case.
Can a judge change his judgment in Texas?
The answer depends on what type of court you are in. In child custody cases, for example, a judge may issue a new ruling. In criminal and civil cases, the judge's ruling is usually final. If one of the parties appeals the ruling, the appelate court has the option to remand the case back to the original judge. They do this in cases where they feel that the judge may have made an error in his initial ruling.
Does a Circuit Court Judge have to accept the exceptions of a District Court Master in the family division?
The Hearing Master's recommendations carry great weight but a judge does NOT have to accept the ruling or recommendation of the Master.
Why an attorney of a defendant files a motion to reconsider the judge ruling with a supporting memorandum of law and facts?
This sometimes happens after the judge has already ruled against the defendant. The attorney is attempting to change the judge's mind by providing him with facts that support his or her claims. The final ruling will be up to the judge. Think of it as a last ditch effort.
Can you give a sentence using the word ruling?
The Judge's ruling was a fair judgement.
In MI can a telephonic hearing be allowed by the judge court?
It will be up to the judge in the case if a telephonic hearing is allowed in MI.
Word for one who makes ruling?
Judge
Who hands down the ruling of a case?
the judge
Can a judge over rule another judge and change child visitation papers?
If the circumstances have changed and it is now in the child's best interest for the visitation papers to be changed then, yes, another judge can over rule another judges ruling.
Can either party file an appeal after a decision?
Yes...provided the Judge at the trial or hearing has NOT refused to allow an appeal. However..depending on the level of the Court..i.e..lower court and the rank of the Judge..you may well be able to have that ruling overturned by a superior or High Court.
What is a review hearing on child support?
The judge needs to review visitation and parental income to decide if a change in CS should be made.
How are you notified if a motion to stay has been lifted?
The motion for relief will be granted by default unless you contact the court, obtain a hearing date and file opposition. The court will make a ruling at the hearing the court or opposing counsel will send you a copy of any order lifting the stay is signed by the judge.
