Conversion (modification) of the sentence imposed

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Have you been sentenced to a fine, community service or house arrest and are you at risk of having this sentence converted to a prison sentence? Do you have a family member or a close friend serving a prison sentence and need help with parole proceedings, converting the remainder of the sentence to house arrest, or transferring that person to a less restrictive prison or to a prison closer to where you live? A person whose sentence is to be converted (modified) or a person who is serving a prison sentence has the right to

  • make a personal statement on all facts relevant to the conversion (modification) of the sentence imposed, as well as on facts relevant to the transfer to another prison
  • legal assistance, including in the form of prior consultation with an expert lawyer
  • the presence of a lawyer (defence counsel) in proceedings for the conversion (modification) of the sentence imposed
  • the assistance of a lawyer in proceedings for transfer to another type of prison or in proceedings for transfer to a prison closer to the prisoner’s family

Do not underestimate the importance of legal assistance in proceedings for the conversion of the sentence, parole proceedings or proceedings for the commutation of the sentence imposed. An appropriately chosen defence strategy can significantly contribute to a favourable decision for the convicted person and thus enable the preservation of social and community ties to the greatest extent possible.

What issues do we typically handle for clients in relation to modification of the sentence imposed?

  • What rights do I have if my sentence is to be modified?
  • What is the process (procedure) for converting a sentence?
  • How to change sentence terms for medical reasons
  • Assessment of the credibility of expert opinions
  • Modification of sentence for good behaviour
  • Time limit for applying for a sentence modification
  • What are the rules for suspended sentences
  • House arrest rules 
  • Legal assistance in assessing the aspects justifying the conversion of the sentence imposed
  • What are the consequences of transferring a convicted person to a prison with a different regime?
  • What are the rights of the convicted person or the rights of persons close to him/her in relation to the imprisonment?
  • Transfer to a prison closer to home
  • Transfer to a prison with a more liberal regime
  • Assistance in parole proceedings
  • Conversion of the remainder of the sentence into a sentence of house arrest
  • Conditional release