Phoenix, AZ Sentencing Modification Lawyer

PHOENIX, AZ SENTENCE MITIGATION

In Arizona, courts are required to take into consideration several statutorily identified mitigating factors, and Arizona courts have also recognized numerous non statutory mitigating factors. These mitigating factors can be used by an experienced sentencing modification lawyer in Phoenix, AZ to help obtain a more favorable sentence for his or her client. Our experienced Phoenix, Arizona criminal defense attorneys will attempt to persuade the prosecuting attorney and court through the presentation of evidence of mitigating circumstances that a lenient sentence is appropriate based upon the defendant’s unique background and circumstances.

Crimes are frequently committed under “mitigating” circumstances which do not justify or excuse the offense, but go a long way to explain the defendant’s behavior or to provide an understanding for why he or she may have ended up committing the particular offense. For example, when a starving man steals bread to satisfy his hunger, this circumstance is taken into consideration in mitigation of his sentence.

ARIZONA ALTERNATIVE SENTENCING

Even if the accused has been caught with his or her “hand in the cookie jar,” and a criminal conviction seems a certainty, in many cases there are creative alternatives to the prosecution itself or a sentence of jail or prison. Many Arizona prosecutorial agencies and Arizona courts offer diversion programs which can be completed as an alternative to the prosecution. Alternatives to jail may include alcohol and drug treatment or rehabilitation, probation, electronic monitoring and house arrest, work release, work furlough, community service, and many more. There are pros and cons to each, and our knowledgeable Phoenix, AZ sentence modification lawyers can help determine which options are available and best for you.

ARIZONA WORK FURLOUGH

The work furlough program, under the supervision of the Maricopa County Adult Probation Office, allows people who have been sentenced to serve a jail term to get out for work. To participate in the work furlough program, the defendant must be screened by a probation officer before sentencing and meet many eligibility requirements, and pay a daily fee.

ARIZONA WORK RELEASE

The work release program allows people who have been sentenced to serve a jail term to get out for work. But work release is vastly different from the work furlough program. The work release program is not supervised by the Maricopa County Adult Probation Office. Instead, the judge sets the days and times of release. This program is typically available to people ordered to serve jail terms for Arizona misdemeanor convictions.

Whether participating in work furlough or work release, the defendant is not allowed out more than 12 hours per day nor more than six days per week. In fact, defendants in DUI cases are only allowed out for a maximum of five days per week.

ARIZONA MISDEMEANOR COMPROMISE

In Arizona, a defendant accused of a misdemeanor or petty offense, who injures someone by the act constituting the offense, may be able to compromise the charge. This requires the injured party to appear before the court prior to trial, and acknowledge that he or she has received satisfaction for the injury. The court may then order the prosecution dismissed. Some offenses cannot be compromised.

RESTORATION OF RIGHTS / SETTING ASIDE CONVICTIONS

Our criminal sentencing modification attorneys in Phoenix, AZ have extensive experience assisting individuals in restoring their rights and setting aside their convictions

An Arizona criminal record can hold a person back personally and professionally. Convicted felons often have difficulty obtaining good jobs, getting into schools, or just moving on in life and feeling like they have closed the door on a chapter of the past. Once a person pays their debt to society through fines, jail time, or successfully completing probation, it is time to clean up their criminal record.

RESTORATION OF RIGHTS IN ARIZONA

A first-time felony offender’s civil rights, with the exception of the right to possess firearms, are automatically restored upon payment of all fines and restitution.

Generally, in Arizona, a person who has had more than one prior felony conviction and whose period of probation has been completed may have his civil rights restored by a judge upon proper application. There may be further restrictions on the right to possess or carry a gun or firearm. The Phoenix sentencing modification attorneys at The Gillespie Law Firm, P.C. can petition the court to restore your civil rights so that you can again vote and carry a gun.

SETTING ASIDE CONVICTIONS IN ARIZONA

The Arizona statute that addresses setting aside convictions allows a court to set aside a judgment of a convicted person on discharge. Every person convicted of a criminal offense may, upon fulfillment of the conditions of probation or sentence and discharge by the court, apply to the judge, justice of the peace, or magistrate who pronounced sentence or imposed probation or such judge’s successor, to have the judgment set aside. Application must be made in writing by an attorney, probation officer, or the defendant. If the judge grants the application, the court shall set aside the judgment of guilt and dismiss the accusations, except for penalties imposed by certain statutes. Certain criminal offenses may not be set aside.

Mr. Gillespie and the Phoenix, AZ sentence modification lawyers at The Gillespie Law Firm, P.C. have helped many individuals achieve a favorably modified sentence, set aside their convictions or restore their rights. For more information and to discuss your particular case or to schedule a free office consultation with one of our lawyers, please call 602.253.1010 or complete the Contact Us form for an immediate response from The Gillespie Law Firm. For directions to our office, please Click Here.