In Georgia, most criminal sentences can be modified. However, there are deadlines that must be followed.
Sentence Modification Deadlines:
Any Georgia criminal sentence can be modified for one year after it was imposed. In addition, probation can be modified or terminated at any time. If a judge sentenced you to 15 years of probation 8 years ago, that can be modified or terminated. Finally, sentences can be modified within 120 days of the conclusion of a direct appeal. This means a modification is still possible in any case that is under direct appeal.
Grounds for Modification
Whether to modify a criminal sentence is up to the judge. The odds of a sentence reduction are best when you can identify a defect in the prior proceedings. For instance, if there are mitigation or character witnesses your attorney did not call, this could provide grounds for a sentence modification. Sentence modifications can also be granted in exchange for waiving one’s right to appeal. Finally, many judges are willing to reduce prison sentences if the defendant agrees to enter and complete residential drug treatment at his own expense.
Termination of Probation
In Henry County, probation can often be terminated early. Many judges impose a long period of probation as a precaution because they don’t know how a defendant will do. If the defendant is a good probationer-- doesn’t get in trouble again, pays fines and fees, etc. -- judges will often terminate probation early.
An experienced attorney is helpful for two reasons. First, a good attorney will know how to get you a prompt court date. Second, an experienced attorney will know your judge;s idiosyncracies. Georgia law gives judges tremendous discretion over sentence modifications. Getting a modification depends upon persuading the judge.
Over two thirds of my efforts to modify sentences have been successful. If you want a sentence modification or early termination of probation, call 404-514-5000 for a free consultation.
For more information visit: https://www.mcdonoughgalawyer.com/