My judge had asked for me to take a new evaluation as therapy is part of my probation even thought I had one prior to sentencing, so I went and had a new evaluation. I submitted the evaluation two months ago and filed a motion to modify sentence october 10th to reflect the therapy recommended in the evaluation, it has been over a month and was wondering how long this should take?
There is no specific time limit as it is within the discretion of the judge . You may want to have your attorney to "nudge" the judicial assistant for an answer since sometimes these types of motions "fall through the cracks."
I agree with Attorney Randall and suggest you contact the judicial assistant and inquire about your motion or have your attorney contact them if you are represented. Good luck.
B. Elaine Jones, Esq.
Although I agree with the prior answers you also need to consider when and under what circumstances the judge ordered the evaluation and what the order says. A motion to modify may not be appropriate as it obviously was ordered. Have an attorney review the judgment and sentence in order to evaluate your next step.
If you are pro se (representing yourself without retained counsel) you should contact the judicial assistant (JA) and politely ask if a court hearing is required for the judge to rule on your motion. The judicial assistant cannot give legal advice or convey your oral argument to the judge, but the JA will tell you whether a hearing is required. If a hearing is required, best to politely ask the judicial assistant to "notice it" - that means the JA sends out notices of the scheduled hearing to all concerned.
You should have properly provided a COPY of your motion to the appropriate Office of the State Attorney and also the Probation Department, and contacted both to ascertain if there was an agreement amongst you which could have been reduced to a stipulation prior to submitting it for judicial review and approval. If no agreement/stipulation, then a hearing before the judge will probably be necessary and court ordered.
If the judge independently decides that duplicate evaluation/treatment is or is not warranted by the case, then a written approval/denial of your motion will be forthcoming from the judge.
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