Post-Trial Proceedings
Capone Law will fight for your rights at every post-trial proceeding. Read below to learn more, or contact us today for a consultation.
Sentencing Proceedings
If a person who is accused of a crime enters a plea, or is found guilty at trial, they are entitled to a sentencing hearing. A sentencing hearing is an opportunity for both the defense and the prosecuting attorney to present any and all mitigating and aggravating information relevant to the defendant and the case.
Judges have a great deal of discretion when forming a sentence. It is important to have an attorney represent your interests by presenting argument, evidence, and exhibits that will inform the court in making their decision.
Everyone has the right to have an attorney represent them at their sentencing hearing. Contact Capone Law today to get Capone in your corner.
Probation Proceedings
Most people who are sentenced in criminal court have a probation condition attached to their sentence. When someone is on probation, they are assigned a probation officer who monitors the defendant in the community and reports back to the sentencing judge. The defendant must comply with the terms and conditions of their probation.
When a person who is on probation is accused of violating the conditions of their probation, they may subject to a penalty. There are different types of violations (technical and substantive) and there are different types penalties (incarceration, increased monitoring on probation, additional probation requirements and stipulations, etc.). Any person who is accused of violating the terms of their probation is entitled to hearing where a probation officer or must offer proof to the court that a violation has occurred. A person who is accused of a probation violation has a right to be represented by an attorney at these hearings.
Technical Violations of Probation
A person is accused of a technical violation of probation when they have failed to meet the requirements of their probation conditions. For example, if a person is required to meet with their probation officer on a monthly basis, and fails to do so, they are in technical violation of probation.
Substantive Violations of Probation
A person is accused of a substantive violation of probation when they have been arrested, charged, or convicted of a new criminal violation. The rules governing these substantive violations of probation are separate and distinct from the rules governing criminal trials. A person does not have a right to jury trial for a violation, and the burden of proof is significantly lower.
There are several ways that Capone and Associates can provide representation to a person who is on probation. Although each case is unique, and the options must be reviewed on a case by case basis, here are some of the possibilities:
Motion for Early Termination of Probation
Motion for Modification of Conditions of Probation
Motion to lift a probation detainer (release from incarceration)
Motion to transfer a probation detainer (transfer from incarceration into a rehabilitation or mental health facility)
Representation at Probation Review Hearings
Representation at Gagnon 1 (probation violation hearing)
Representation at Gagnon 2 (probation violation hearing)
Expungements and Pardons
Expungements
An expungement erases or removes charges from a persons criminal record. The expungement process is one of the most important aspects of the criminal process. Most people who enter a guilty plea or are found guilty at trial do not plea to the most serious crime charged. Records of the criminal charges that are dismissed or withdrawn throughout the process may be eligible for expungement.
This means that even in if a person has pled or been found guilty, portions of their arrest record may be eligible for expungement.
Pardons
A pardon relieves an individual of the consequences, generally in the nature of legal disabilities, resulting from conviction for a crime. There are no minimum eligibility requirements to obtain a pardon, however, the applicant should be able to demonstrate a reasonable period of time having elapsed since the crime (sufficient to show rehabilitation) and successful completion of all court-imposed requirements such as probation, parole, and payment of all fines and costs.