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Incorrect Criminal Sentencing in Phoenix

The consequences of any criminal conviction can impose a heavy burden on you, especially in situations where the court orders incarceration, whether it is for a DUI, domestic violence incident, assault, or some other crime. It is worth noting that in some of these cases, the severity of the sentence is due in part to mistakes made by the judge.

The court is not infallible, as mistakes happen constantly in the judicial system. These errors occasionally lead to incorrect criminal sentencing in Phoenix. The good news is that a dedicated post-conviction relief attorney from Grand Canyon Law Group can assist you with something known as post-conviction relief in these situations. However, it is important to act fast before you lose your opportunity.

How Incorrect Criminal Sentences Happen

While there are strict rules and regulations for how sentences are handed down in Arizona, the reality is that judges are human. It goes without saying that humans can make mistakes, even when it comes to critical issues like incarceration. Some incorrect sentences result from these errors in Phoenix court cases.

Sentences That Violate the Statutory Limits

It might seem hard to believe, but judges occasionally issue sentences in criminal cases that go beyond the maximum penalties set by statute. While rare, this outcome has happened before and can put undue stress on the defendant. The law sets strict maximum sentences, so post-conviction relief is available under this scenario.

Failure to Receive Credit for Time Served

Another issue that qualifies as improper sentencing in Phoenix courtrooms is the misapplication of time served. Many people convicted of a crime are unable to obtain bail, remaining in custody from the day they are arrested until the point they are convicted at trial. Given that the process can take months or even years before a trial occurs, it is not unusual for someone to serve a significant portion of their sentence waiting for a verdict in their case.

When this happens, the courts are required to give a defendant credit for every day of time they served following their arrest. For example, if a person remained in custody for two years until they were ultimately convicted, the amount of time they spend behind bars should be reduced by that two-year period. Unfortunately, courts can fail to apply time served correctly – you should call the Grand Canyon Law Group to appeal this error immediately.

What is Post-Conviction Relief?

There are options for dealing with mistakes made at sentencing by Phoenix judges. In addition to a direct appeal, there is also the possibility for post-conviction relief. This option involves asking a court to step in and potentially alter the sentence in a way that addresses the error.

Depending on the circumstances, a person convicted of a crime could file a motion with the court to vacate the judgment against them. When it comes to questions of inappropriate sentences, it is common for a person to file a petition, not to overturn their conviction, but to commute a portion of their sentence.

The first step of this process involves a form known as Notice Requesting Post-Conviction Relief. This document has to be filed in the court where the conviction was entered and includes details on the procedural history of the case, as well as all issues requiring relief from a sentence.

Talk to an Attorney in Phoenix About Addressing Incorrect Criminal Sentencing

It can be overwhelming to deal with a criminal conviction in general, but particularly one where mistakes were made by the court. If you faced incorrect criminal sentencing in Phoenix, now is the time to pursue your legal options with Grand Canyon Law Group. Contact a criminal defense attorney on our team today for a free, confidential consultation. Do not serve one day more than is required by law!

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