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» Entries tagged with "mitigation hearing"

Trusting Judges

For most felony offenses in Arizona, a person sentenced to a term of probation can be ordered to serve up to a year in the county jail. When prosecutors intend to seek jail time as a condition of probation, they usually say so up front. If it’s a guarantee, the plea will say “defendant shall serve…” before describing the amount of time, whether it’s a deferred term, and whether the defendant gets credit for time served. In other instances where jail is possible, the plea will say “the state anticipates requesting an initial jail term” or something along those lines. Occasionally, the prosecutor changes his or her mind between plea and sentencing. They will also say so if that’s the case. Other times, the probation department’s presentence report … Read entire article »

Filed under: Judges

No Harm in Asking, Right?

I have a little list of things to do and not do that I give people who are going to speak at or write letters for a client’s sentencing. I pieced it together from various sources and have continued to add to it for the past three years. Clients’ families, friends, and employers tend to find the guidance helpful, and I often provide it to other defense lawyers when they ask. It isn’t anything special, but it covers most of the bases. One section seems to hang people up more than anything else. It’s the section having to do with not making unreasonable requests, and it says this: Be realistic. Do not ask for probation if it is a prison plea. If the minimum prison term … Read entire article »

Filed under: Clients, Courts

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