Whether in the Phoenix area, or anywhere in Arizona, a “Motion to Modify Sentence” or “Motion to Modify Probation” can be filed at any time after the original Sentencing has occurred. Sometimes this can be as simple as asking for monthly probation fee or restitution fee to be reduced due to the financial hardship on a Defendant. Other times, it can include the deferral or deletion of jail time which was scheduled to begin at a future date. Immediately upon being retained, our law firm will contact the Probation Officer in order to open up a dialog and develop a rapport. If a Defendant has been cooperative while on probation, this will help facilitate an agreement by the Probation Officer for a “no objection” to our Motion for Sentence Modification. We can next contact the Prosecutor in order to seek a “no opposition” or a “Stipulation to the Motion to Modify”. If the Prosecutor and / or Probation Officer are none cooperative, we will simply indicate in the Motion that they have not responded to our requests.
Included in our Motion for Sentence Modification will be details regarding all of the positive changes that a person has made while on probation. In addition, we will explain how certain terms would only be detrimental to rehabilitation and, therefore, why they should be removed. We will also include various character letters from family and friends, and (most importantly) a letter from the Defendant’s current employer. Sometimes we even include color copies of photographs of the Defendant in order to “humanize” him for the Judge. It is very important to let the Judge know that the Defendant is a real human being, and not just a case number. Many times we are able to take a jail term and reduce the number of days to be served in custody. Other times we are able to “defer” the jail for later review, which gives the Defendant a chance to “prove himself” to the Judge at a later hearing. And sometimes we are able to “delete” a jail sentence altogether.
Many times a Restitution Order was initially put in place that was not justified. Through our investigation, we are often able to show the Court that an insurance company paid the alleged victim, and therefore, any payment by the Defendant for Restitution would be “double dipping” on the victim’s behalf. This can save a Defendant potentially thousands of dollars, thereby allowing their probation to terminate earlier than scheduled.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Attorney for Sentence Modifications and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 602-307-0808, or click here to contact us now.
Contact DM Cantor and speak to an Arizona Attorney for Sentence Modifications about your case. We will assist you with Sentence Modification.