Can sentencing be delayed due to medical reasons?

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Can sentencing be delayed due to medical reasons?

I’m due to be sentenced to 6 months county jail time for a crime against my grandfather which he wants to drop. I just spent 3 days in the hospital and was diagnosed with hepatitis C and liver cirrhosis and need to get treatment for it. Will they delay sentencing for this or am I screwed?

Asked on January 22, 2012 under Criminal Law, Arizona

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Sentencing can be continued.  Of course, you have to ask the judge for a continuance.

Usually, to request a continuance you have to get a stipulation from the prosecutor and file a stipulated motion to continue. With the motion you usually have to attach a memorandum of law.

In the memorandum you would attach a letter from the doctor describing the type of treatment you are recieving and how long it will take.  This will give the judge an idea when to set the matter for a new sentencing date.

Hope this helps.


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