A defendant convicted in state or federal court may move the trial court for a sentence modification. Under Georgia law, the court which sentenced the defendant has the jurisdiction, power and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence which was imposed.

In Georgia, the modification generally must be made within one year of the date upon which the sentence was imposed, or within 120 days after the judgment was affirmed on direct appeal. However, a trial court may resentence a defendant at any time when the sentence is contrary to law. This is because a void sentence under Georgia law is not a sentence at all.

A defendant convicted in federal court may also make a motion to modify his or her sentence. Correction of a sentence is authorized by the district court within seven days of sentencing to correct a technical, arithmetic or other obvious error. Examples include the judge applying the wrong guideline or sentencing the defendant based on a count for which there had not been a conviction. A correction may also be made to correct a clerical error in the judgment, order or any other part of the record.

In federal criminal cases, the government may also request that the district court reduce a defendant's sentence after it is imposed. When the defendant provides substantial assistance in investigating or prosecuting another person, the court may reduce a sentence if it is within one year of original sentencing pursuant to Rule 35 of the Federal Rules of Criminal Procedure. If more than a year passes, the government may ask the court to reduce a sentence if the defendant's assistance involves information not previously known to the defendant. In doing so, the court may reduce the sentence to a level below the minimum sentence set by statute.

It is important to note that when a criminal sentence is vacated and the case is remanded back to the district court, the district judge is generally free to reconstruct the sentence.

If you have received a sentence that is unjust or contrary to law, you need an experienced Atlanta criminal appeals attorney. Our firm has successfully modified unjust or improper sentences in both state and federal courts.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.