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Under what circumstances will a judge grant a sentence modification?

I am ill and will require care. My husband is the only one who can care for me, because our families live 700miles away. This is the only time he has violated his probation. Judge sentenced him to do 6 months, He has already completed 2 months out of the 6. He is going to write the motion himself, and use the fact that I am ill to sway the judge to give him time served.

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Attorney answers (2)

Reputation Level 19
He needs to provide specific details as to what services you need, referencing your medical condition, the types of assistance he will be needed to provide, the fact that family is not nearby, the fact that medical care cannot/is not being provided by medical care givers, and any other grounds to establish that friends and neighbors cannot be relied upon to perform the assistance he provides. You and he will also need to appear in front of the judge in an effort to convince the judge that is is a justified modification on these grounds. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Reputation Level 16
Concentrate on what services he will provide and how he's the only one who can provide them.

Edward J. Blum

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