Can a sentence be amended 3 years after it was given?

Question

Can a sentence be amended 3 years after it was given?

Anonymous Oct 26, 2014 5 views 2 answers

My girlfriend was sentenced to 5 years for accessory after the fact. She was sentenced to house arrest and failed to comply, ended up doing two years in prison with 3 years probation. She got her gold seal from prison but absconded probation for two years. She's in jail now awaiting her hearing. Her P.O said she may end up doing the rest of her sentence in prison. When she was convicted the max. penalty was 5 years in 2011. In July of 2014 MS Code 97-1-5 was amended to 20 years max. My lawyer is saying that she could end up doing up to 20 years because that's the max sentence. My question is, can she be sentenced to the max now, or what it was when the crime was committed. Another question. I've retained my lawyer with $500, if I find another lawyer will I owe him the rest?

Stephen Allred · Accepted Answer · 2026-06-15T12:31:02+00:00

She should only be subject to the sentence that was handed down originally. While the law may have changed, her sentence is based on what the law was when she was sentenced. She would seemingly have ot serve the time remaining on the 5 years originally imposed.

William Starks · Accepted Answer · 2026-06-15T12:31:02+00:00

The sentence originally imposed will be the maximum sentence unless there was suspended time that is now being revoked or your girlfriend has new charges. The PO is not a lawyer and not the court so I would check with the lawyer you paid your money to or the new one you want to hire.

Can a sentence be amended 3 years after it was given?

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