How to Modify Your Sentence in Florida: The Strict 60-Day Rule

If you’ve recently been sentenced in a criminal case, you may be wondering if you can go back and ask the judge to reduce your sentence or change an unfair condition of your probation. The answer is maybe, but the rules are extremely strict and the timeline is very short.

The most important thing to know is the deadline. Under Florida Rule of Criminal Procedure 3.800(c), a judge only has the legal authority to modify a sentence within 60 days of the original sentencing date. After that 60-day window closes, the opportunity is gone forever.

Unhappy with Your Sentence in Orlando? The Clock is Ticking. You only have 60 days to file a motion to reduce or modify your sentence. Call my office immediately to see if you are eligible. Call John Guidry: (407) 423-1117

When a Sentence CANNOT Be Modified

Understanding when a modification is not allowed is just as important as knowing when it is. Here are two common scenarios where a judge’s hands are tied.

1. You Cannot Unilaterally Change a Plea Agreement A plea agreement is a contract between you and the State. In the case of State v. Howell, a woman accepted a plea deal for 6 months in jail and 4 years of probation to avoid a trial where she could have gone to prison. Within 60 days, she asked the judge to reduce her sentence, and the judge agreed. However, the State appealed, and they won. The appeals court ruled that a defendant cannot keep the benefits of a plea deal (like avoiding prison) and then ask for an even better sentence. If you want to undo your part of the deal, the State gets to undo theirs, which means they can take you to trial.

2. You Cannot Remove a Legally Mandatory Condition In the case of State v. Petrae, a man on sex offender probation asked the judge to remove his GPS ankle monitor because it was difficult to live with. The judge agreed, but the State appealed and won. The appeals court ruled that because the GPS monitor was a mandatory condition required by Florida law for his specific offense, the judge had no legal authority to remove it. A judge cannot override a requirement set by the legislature.

When a Sentence CAN Be Modified: After a Trial

The best opportunity to ask for a sentence reduction is when the sentence was imposed by a judge after a trial, not as part of a plea deal.

In this situation, there is no “contract” with the State to disturb. You are free to file a motion within the 60-day window and simply ask the judge to show mercy and reconsider the sentence they imposed.

Navigating the Murky Waters of Sentence Modification

The bottom line is that these motions are technical and have a high chance of failure if not handled correctly. You should always get a local attorney who knows the judge and has experience filing these specific motions. If you have a case in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, call my office. I have been navigating these exact post-sentencing issues in our local courtrooms since 1993. Good Luck.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.