There are two phases of the criminal justice system, the trial and the sentencing. When someone is correctly convicted of charges against them, it is during the sentence process you can advocate for a less severe penalty. Known in most states as a “motion for modification of sentence” your attorney will file this document and the judge will set a hearing for you to make your case. The judge may require the prosecutor to sign of on a reduced sentence. it is paramount the motion is filed before your sentence is finalized.
Here are some thing that may assist in your case for a reduced sentence (note this is not an option in all states):
- Showing cooperation as a witness for the prosecutors by testifying against others
- Compassionate release if the convicted person is of great age or very poor health
What If The Law Or Facts Of My Case Change?
Many states are changing charge and sentencing procedures for small amounts of certain narcotics. If your new sentence is very different from your previous ones, you may petition to have it altered to reflect new guidelines. There is also the chance new evidence will exonerate or alter the way you were initially charged.
Was My Sentence Illegal?
This is not often the case. Sometimes the conviction may be valid and the sentence can be invalid – perhaps it is in excess of the criminal code. Another example would be if the procedures for plea bargaining have not been correctly observed or (and this is very rare) the court does not have jurisdiction.
Changing The Sentence
More often than not it is up to the discretion of the judge. That said, if you can demonstrate good behavior while you are incarcerated will help your situation as it will show you are not a threat to the community. Work with an attorney to get he best possible outcome for your case.
Need A Criminal Defense Lawyer In Scottsdale or Phoenix?
Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.
We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-240-0040 or [email protected]
*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.