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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  9+ years defending Misdemeanor and Felony cases.
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Received a DUI conviction in October. The sentencing date

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Received a DUI conviction in October. The sentencing date is tomorrow. It's a 1st offense on a .03 BAC that occurred over 3 1/2 years ago. Didn't take a plea because we knew he was innocent, however, had a lousy attorney. We wrote a letter to the Judge and to the Prosecutor explaining all the good things going on in this persons life and hoping to discuss before the court date what the sentencing would be. We have even left phone messages with Prosecutors office but have not gotten a return call. We were led to believe that it was standard practice to discuss the sentencing with the Prosecutor prior to going to court, yet can't seem to do that. We are concerned that since he went to a jury trial, that they are going to give an unfair sentence and ignore that it was a 1st offense of over 3 1/2 years ago, the defendent is in college and actually lives in AZ. Need suggestions on what to do - running out of time.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your question and the concern for your son. As a result of him being found guilty at trial, the sentence imposed it at the discretion of the Judge. The Judge will ask the prosecutor for their recommendation but he/she has the final say. At this point, there is no discussion with the State about what the sentence should be. What your son did, as far as write the Judge and prosecutor, advising them of his situation, is what he was supposed to do. He wanted to present mitigating factors for the Judge to consider, before imposing sentence. Moreover, when he appears tomorrow, the Judge will certainly let him speak and say what he wants the Judge to consider and know. He should not be punished for going to trial and the Judge is going to base the sentence on the facts presented and heard during trial. As long as the sentence is within the guidelines, there would be nothing illegal if the Judge were to impose a harsh sentence. Seeing how it is his first offense, the BAC was low and he is now in college and lives out of State, the Judge should not look to impose anything unfair or unjust. Of course, in court tomorrow, you can speak on your sons behalf as well, to talk about the person he is and how he has changed since the incident.


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Customer: replied 4 years ago.

I didn't realize I also have the right to speak to the Judge tomorrow. Do others (i.e. relatives) also have that right?


 


Since he does live in AZ, would any sentence that was given him "all" take place in AZ? He needs to get back there and I am wondering if the Judge were to say "x" amount jail time, if that would be here or in AZ?

Your son can bring with him for support, other relatives and friends but he should try and limit those people who he asks to speak on his behalf. When his case is called, he can ask if he can bring you up with him as well as anyone else who he thinks has something relevant for the Judge to hear and consider, which has not already been said. If he had to do any jail time, it would be in Indiana, where the offense occurred. If there is a probationary sentence imposed and any other requirements, he can likely request that it be performed and transfered to Arizona, where he resides and attends school.
CrimDefense and 2 other Criminal Law Specialists are ready to help you
Hi Jeff. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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