06. Modification and Correction of Sentences

By statute, a sentencing court retains authority over the probationary portion of a sentence for the duration of the sentence and can modify it at any time. Regarding the custodial portion of a sentence (the part that is served in prison or on parole), a sentencing court retains the authority and jurisdiction to correct a VOID or ILLEGAL sentence at any time but has limited authority to modify or correct a VALID sentence.

For the most part, that limited authority to modify a valid sentence falls under O.C.G.A. §17-10-1(f) and carries with it a statute of limitations of one year from the sentencing date or 120 days after receipt of the remittitur by the sentencing court of the direct appeal judgment, whichever is later.  If a motion to modify sentence is filed within that time period, the sentencing court will have the jurisdiction, power, and authority to correct or reduce the defendant’s sentence and to suspend or probate all or part of the sentence. CONTACT US to discuss whether an opportunity exists for petitioning a court for modification of your sentence.