In the Phoenix area or anywhere else in the state of Arizona, a Motion to Modify a Sentence or Motion to Modify Probation is a document that can be filed anytime following an original sentence of a defendant. Often, a conviction sentence modification can be provided when the appeals lawyer asks for a monthly reduction of the probation fee or restitution fee because their client is currently undergoing a financial hardship. In some instances, it may result in a deletion or deferral of jail time.
If you are going through a situation in which you need a sentence modification, you will need the skills of a highly qualified appeals lawyer. David Michael Cantor and his law firm will help by contacting your probation officer to discuss your situation. A defendant who has been cooperative during probation will always have a better chance of successfully having a sentence modification put in place, with the probation officer not objecting to the sentence being modified. The defense attorney will also contact the prosecutor in order to acquire a no opposition or stipulation to the motion to modify. If the prosecuting lawyer is uncooperative, the defendant’s attorney will state in the motion that they have not replied to the request.
Details about positive changes made by the defendant during their probation are included in the Motion for Sentence Modification. The attorney will also explain how certain terms should be removed because they would be detrimental. Included within the document are letters from family members, friends and employers of the defendant to serve as verification of character. There may even be photos enclosed of the defendant to humanize him or her to the judge. In other words, it is important that the judge can see how real of a person the individual is and that they are not merely a case number. This commonly results in the individual’s jail time being reduced. Sometimes, the attorney is able to defer jail time for later, which gives the person an opportunity to prove themselves to the judge at a future hearing.
Often, there is a restitution order that was unjustified which was put in place. We will ensure that a thorough investigation is performed to determine whether they can show the court that the victim was paid by an insurance company, which serves as restitution that if the defendant is required to pay would be considered double dipping. As a result, the defendant can be spared paying possibly thousands of dollars, which allows for their probation to end earlier than scheduled.
If you would like to speak with our offices about a Sentence Modification, please call us at (602) 737-2812 today for a free consultation. DM Cantor is AV® rated with the highest possible rating by Martindale-Hubbell® and is skilled in the area of criminal law. If you prefer email, you can send us an email by using our secure and confidential form.