Sentence Modification – CPC 1203.3

Although being convicted of a crime is serious matter with life-altering consequences, it does not have to be the end of the story. Many convictions can be modified or expunged. It is important to hire a Los Angeles sentence modification lawyer who can expertly and successfully accomplish these post-conviction tasks.

Sentences imposed by the court upon an individual under most circumstance can be modified or changed during the period of probation. Under the provisions of the California State Penal Code Section 1203.3, courts have the authority to modify sentences for criminal convictions.  In fact, sentence modification is very common in California criminal matters. In order to successfully petition for a sentence modification after you have been convicted of a felony or misdemeanor charge, you need to hire a Los Angeles sentence modification lawyer to plead your case before the judge who sentenced you.

How to Get a Modified Sentence

The first thing your Los Angeles sentence modification lawyer will do in seeking a sentence modification is to determine whether there is a valid reason why a modification of your sentence would be appropriate. The sentencing court typically has 120 calendar days in which to modify a sentence for a criminal conviction. A judge also has the power to modify the sentence as long as the sentence has not yet been entered into court docket and the defendant has yet to begin serving his or her sentence.

However, once the defendant has started serving his sentence or the sentence has been entered into the minutes by the court clerk, the judge is not permitted to modify the sentence.

What If I’ve Already Started My Sentence?

However, if you have started serving your sentence your Los Angeles sentence modification lawyer may still initiate a writ of habeas corpus to challenge the legality of your incarceration by arguing that there has been a violation of your personal or civil rights. If your Los Angeles sentence modification lawyer makes a convincing argument, the judge may declare the sentence illegal and may either reduce your sentence or release you from custody altogether. To schedule a free consultation with a Los Angeles sentence modification lawyer, contact Daniel Cota at the Law Offices of Wallin & Kralich at (800) 351-6860.