Key Factors Considered in Sentence Modification Requests

The period of incarceration a convicted felon faces is not always consistent with the crime or mitigating factors. For example, the so-called Three Strikes or “persistent offender” policy significantly increased prison sentences for third offenses. In some cases, courts would impose mandatory life sentences for non-violent violations. While the judicial system is not always infallible, safeguards are in place. Working with a sentence modification lawyer allows for review and changes to a case to better align with the offense and circumstances.

How Sentence Modifications Work

Following a sentencing hearing, attorneys typically file a Motion for Modification with the courts. Unlike other criminal proceedings, asking for a sentence modification hearing is not necessarily a sure thing. Some states reserve the right to veto an application, which is another reason to enlist the support of an experienced sentence modification attorney.

Once the court has accepted the Motion of Modification, your lawyer will need to build a persuasive case showing the sentence imposed was in error, failed to account for relevant circumstances, or something has changed. These are arguments an experienced lawyer can make on your behalf.

1: Clerical Errors

The court system handles thousands of cases, and even the best administrative personnel make occasional mistakes. Sometimes, clerks enter the wrong number of months to serve or probation time. Petitioning the court to fix these and other mistakes usually involves requesting and presenting a transcript or record of the sentencing hearing. Until an official motion has been filed and corrected, the prison system follows the paperwork.

2: Judicial Errors

Asking the court to modify a sentence based on a judicial error is not necessarily a straightforward process. Statutes establishing sentencing guidelines often give judges some discretion. When a judge strays too far and imposes a longer sentence than the norm, a case can be made for a reduction.

Your attorney can present an argument that points to the average sentence for the same crimes, prior offenses, and mitigating factors. The fact that most judges interpret the guidelines in line with the petition demonstrates that an unusually long term falls outside the norm. Uniformity remains an underlying component of a fair and equal justice system.

It’s also possible that a judge makes a mistake by imposing more months in prison, probation, or parole than is allowable. By filing for a modification and presenting the statute, the courts have little choice but to reduce the sentence.

3: Changes to the Law While Incarcerated

Marijuana statutes are a perfect example of laws that changed while people were in jail. According to the U.S. Sentencing Commission, 70 percent of people federally convicted of marijuana possession were doing prison time just five years ago. Since 2022, not a single person convicted solely for possession has been federally incarcerated.

Today, 24 states and the District of Columbia have legalized recreational marijuana use, and more appear ready to follow suit. When a once-jailable offense becomes legal, the courts are inclined to reduce sentences. The same concept holds for other criminal convictions. If legislatures reduce the maximum sentence of any given law, logic, and fundamental fairness dictate someone should not be subject to a longer sentence than the current statute allows.

4: Personal and Family Hardships

Hardship arguments are among the more challenging to make and persuade the court to modify a sentence. Personal hardships typically involve medical conditions. Your attorney can make a case that prison medical facilities cannot adequately provide necessary healthcare. An argument for early release can be made when a prisoner has a terminal or debilitating condition.

Family-based hardship claims must meet an “extreme and unusual burden” standard. A parent on the outside may have passed away or cannot care for a child. If no other family member can fill the void, and state care isn’t a viable option, an incarcerated parent could be placed on early parole. Such sentencing modifications may include monitoring devices and restrictions that make them akin to house arrest.

5: New Evidence

The Innocence Project popularized the idea that scientific evidence demonstrated people were being wrongfully convicted of murder and other crimes. Newly discovered DNA evidence continues to prove persuasive in overturning convictions. Now, judges tend to be more open to considering new evidence in modification proceedings.

The critical difference between trying to have a conviction thrown out and the sentence altered comes down to the type of evidence and how it changes the nature of the conviction. For instance, a witness might come forward and sign an affidavit stating someone was involved but did not personally commit a violent act. If they were incarcerated based on their actions and not being merely an accomplice, this changes the dynamic of the crime and sentencing. New physical evidence and eyewitness testimony, among others, can be used to ask for reconsideration.

Contact A Sentencing Modification Attorney in Connecticut

If you or a loved one has been sentenced harshly or unfairly, it’s crucial to contact a law firm with modification expertise. At Brodeur Law, our attorneys work tirelessly to correct excessive sentences. If you believe a prison term is fundamentally unfair, contact Brodeur Law at our Mystic or Middletown, CT, office today. Let’s get the process started.

Mike

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