Q) What is the difference between a “concurrent” sentence and a “consecutive” sentence?

A) Concurrent sentences (terms of incarceration) are served at the same time; whereas, consecutive sentences are served one after the other (sometimes referred to as “stacked” sentences).

Q) What is the difference between a “determinate” sentence and an “indeterminate” sentence?

A) Determinate sentences (terms of incarceration) are sentences of a specific period of time and must be fully served, less time off for good behavior. Conversely, indeterminate sentences have a “range” of time that can be served. For example, a three (3) to five (5) year sentence is an indeterminate sentence, as it has a minimum and a maximum time to be served.

Q) What is a “suspended” or “deferred” sentence?

A) A person receiving a sentence such as six (6) months in jail could have the sentence suspended or deferred based on the individual’s agreement to comply with all of the terms of their plea agreement, probation grant, or agreement to complete some type of substance abuse/alcohol treatment program. The individual’s failure to comply with the terms of their agreement could result in the imposition of the “suspended” or “deferred” term of incarceration.

Q) What are “Truth-in-Sentencing” laws?

A) Truth-in-Sentencing legislation encourages states to pass sentencing laws that guarantee that convicted individuals will serve close to their entire sentence rather than just a portion of it (regardless of their behavior while incarcerated). Truth-in-Sentencing laws are also sometimes referred to as “85% laws.” Prior to Truth-in-Sentencing laws, parole boards retained significant freedom in releasing convicted offenders prior to the completion of their sentence.

Q) What are “Three Strikes” laws?

A) “Three Strikes” laws mandate enhanced terms of incarceration for individuals with prior convictions who are subsequently convicted of additional felony convictions. It is important to note that the application of “three strikes” legislation is not uniform throughout all states. For example, some states impose mandatory life without parole sanctions, and other states such as Arizona, require sentence enhancements for subsequent convictions.

Q) What does the term “Felony Murder” mean?

A) Most states, and the federal government, have felony murder statutes that punish as murder the causing of a death of another while the defendant is committing a felony of violence. It is extremely important to note that a felony murder charge and conviction does not require a showing of malice or deliberate intent to kill.

Q) What is the difference between “Work Release” and “Work Furlough?”

A) There are several differences between work furlough and work release. The work furlough program is monitored by the Adult Probation Office and requires that the individual pay a daily fee and that their employer sign a “letter of understanding” acknowledging knowledge of the situation; whereas individuals serving a work release sentence are not subject to those requirements.Most importantly, it is important to understand that work release is typically only available to individuals that are sentenced to jail for misdemeanor offenses. Work furlough is a completely separate program from that of work release (with very different rules) and is typically given to people that are sentenced to jail for felony offenses. Here is a more detailed explanation of how the work furlough program works in Maricopa County.

Work release allows for a person to be released from jail for up to twelve (12) hours per day, six (6) days per week. Individuals serving a sentence with work release privileges are typically not subject to the same scrutiny as those in the work furlough program and are able to return home and take care of personal errands/obligations during their release hours.

Individuals serving sentences of fifteen (15) days or longer in either the work release or work furlough programs are typically required to provide the jail with health screening forms at the time that they begin their term of incarceration. Failure to provide the jail with these forms could result in a delay in being placed into the program. Here is a link to the forms for your convenience.

• The age of the Defendant;

• The Defendant’s capacity to appreciate the wrongfulness of their conduct or to conform the Defendant’s conduct to the requirements of law was significantly impaired, but not so impaired as a constitute a defense to prosecution;

• The Defendant was under unusual or substantial duress, although not such as to constitute a defense to prosecution;

• The degree of the Defendant’s participation in the crime was minor, although not so minor as to constitute a defense to prosecution; and

• Any other factor that the Court deems appropriate to the ends of justice.

In addition, Arizona Courts have recognized numerous mitigating factors that are non-statutory in nature including but not limited to:

• Remorse;

• Love of family/concern for parents;

• Lack of criminal history;

• Employment history;

• Low intelligence;

• Prior military service;

• Disparity between sentences (as in between co-defendants); and

• Prior sexual and/or emotional abuse.

An experienced mitigation specialist can assist a defense attorney in attempting to persuade the prosecutor and/or judge through the presentation of mitigating circumstances that a lenient sentence is more appropriate based upon the individual client’s unique background and circumstances.

A mitigation evaluation/memorandum is the complete history of the client’s life experience and can serve to help a prosecutor/probation officer/judge/jury to see the client as a human being and not as a “criminal.” It is presented as part of defense counsel’s argument and highlights life events that have shaped the accused individual and offers explanation and aims to account for how they came to where they are today. The mitigation evaluation/memorandum is not meant to justify the offense, but rather to provide a comprehensive explanation of how the accused individual’s life experiences, limited choices, and past personal experiences have contributed to their current predicament and legal situation.

My objective is to work collectively with defense counsel and to aid in maximizing counsel’s time by conducting a thorough investigation into the biological, psychological, and social history of the accused in an effort to identify prospective mitigating factors that should be presented. The mitigation evaluation/memorandum focuses on the individual client and seeks to balance the criminal act(s) with the positive efforts, circumstances, and remorse demonstrated by the client. My services are designed to provide a high level of service for your client and to enhance and add value to the attorney/client relationship.

I can also aid in answering pre-incarceration questions and concerns for clients and their families in an effort to prepare them for an imminent term of confinement.

 
“There are not very many people that care about what happens to my brother like you do. I understand that it’s your job, but I also understand that some people with the same job that you have do the job and complete the work but don’t care about the outcomes…I’m glad that you are trying to make a difference…It’s obvious that that you do care about what happens and that you take your job extremely seriously…Thank you.”

Zak G (Yavapai County, AZ)
 

“I have been practicing criminal law for over 12 years as a prosecutor and now a defense lawyer. Without question, Ginger is the most talented mitigation person I know. She is also the only one I use. I highly recommend her.”

Alex Lane, Criminal Defense Attorney (Phoenix, AZ)
 

“I want to thank you on behalf of Tony and myself for all your hard work and
detailed mitigation package. The judge referenced your material and I am certain it
helped in the sentencing decision.”

Diane J. (Tucson, AZ)
 

“…thank you so much for everything Ginger. Your insight and the report really made a difference in my husband’s case and we very much appreciate your help.”

Michele B. (Phoenix, AZ)
 

“We really appreciate all of your hard work. I know that it changed the outcome of my case and helped me.”

George Z. (Tucson, AZ)
 

“Ginger is a great mitigation specialist and honestly just a great person. She takes the time to get to know the client and help out the family when needed in regards to questions and how the process works…it is obvious that she really cares about the outcome.”

Scott M (Scottsdale, AZ)
 

“Ginger was really good at answering all of our questions and making sure that we were informed of everything and had a good understanding of the process. I believe that her hard work and the report she created on our son’s behalf greatly helped his case and made a difference in his sentence.”

Marcy D (Peoria, AZ)
 

“I believe that she (“Ginger”) did a good job in presenting all of the information and that her report helped the judge to better understand the circumstances of the offense. I would definitely recommend her services.”

Hector O (Phoenix, AZ)
 

“Ginger, thank you so much for helping me with my case. It was truly amazing that you were able to help take a ten year sentence and turn it into three and a half years. You were very professional and did a terrific job. The way that you would come visit me and get to know me and sit and talk to me like you were not in a hurry made me feel like you really cared about me. I know that you really take pride in your job and the ultimate outcome. You made me feel like my life was in good hands. I would recommend you to anyone that is facing criminal charges. Even if you were unable to get the mitigated sentence for me, I still would have felt that you were worth every penny and that my money was well spent. Thank you so much for your time and professionalism.”

Anthony J (Phoenix, AZ)
 

 
General Guidelines:

• All cases are screened prior to acceptance (Presentence completes a preliminary screening).
• Probation Officers monitor the probationers.
• Full-time employment is required.
• Employers/School personnel sign a Letter of Understanding indicating their knowledge regarding the Work Furlough Program, the probationers’ rate of pay, and the work/school hours.
• The Work Furlough Officers provide the jail with the release hours to coincide with the probationers work hours and to accommodate the method of travel.
• Probationers are monitored for drug and alcohol use while in the program.
• Probationers must meet the medical requirements in order to participate.
• Must be at least 18 years of age. (The Sheriff’s Office cannot accommodate juveniles).

Time Frames:

• Employed – must have at least 30 days remaining on their sentence.
• Unemployed – must have at least 45 days remaining on their sentence.
• There is a five (5) day Job Search for those individuals who are employable.
• No 2-for-1 permitted.

Fees:

• $125.00 initially. This fee is applied toward the Work Furlough fees.
• Fees consist of one hour’s wage, plus a $3.00 administrative fee, minimum fee of $9.00 per day.

Release Hours:

• Generally – Maximum of 12 hours per day, maximum six (6) days per week.
• Cannot work out of a residence, for family members/friends. If self-employed, must provide last two (2) years income tax verification, business and tax licenses that apply.
• Not allowed to go home (Exception – first day may be allowed to get clothing and appropriate items).

Contact information and addresses for all of the Maricopa County Jails:
4th Avenue Jail
Durango Jail
Estrella Jail
Lower Buckeye Jail (LBJ)
Towers Jail
Tent City

Arizona Department of Corrections Prison Locations

Arizona Department of Corrections prison locations and contact information.

Arizona Department of Corrections-Locate an Inmate

Arizona Department of Corrections inmate locater and information (provides details regarding sentence information, location of inmate, inmate classification, release date, charges, work details, and disciplinary infractions).

Arizona Capital Representation Project

The Arizona Capital Representation Project is a non-profit legal service organization that assists indigent persons facing the death penalty in Arizona through direct representation, consulting services, training and education.

Arizona Justice Project

The Justice Project examines claims of innocence and manifest injustice, and provides legal representation for inmates believed to have been failed by the criminal justice system.

Arizona Sentencing Chart (Felony)

Arizona Judicial Branch Criminal Code Sentencing Chart.

National Alliance of Sentencing Advocates and Mitigation Specialists

NASAMS advances the field of sentencing advocacy by fostering the professional development of its members and upholding the ethical standards of practice of the organization.

Arizona Department of Corrections: Application to Visit an Inmate

Public Access to Maricopa County Justice Court Case Information

Arizona Public Access to Court Information (Statewide)

Maricopa County Superior Court Criminal Case Information (Felony)

Public access to Maricopa County case information including court dates/charges/case dispositions/minute entries.

Maricopa County Superior Court Judicial Biographies

Maricopa County Superior Court Judge Information/Location/Biography

Maricopa County Superior Court Judicial Commissioner Biographies

Maricopa County Superior Court Commissioner Information/Location/Biography

Cochise County Resources

Coconino County Resources

Mohave County Resources

Pima County Resources

Pinal County Resources

Yavapai County Resources

Yuma County Resources

Yuma county detention facility inmate, visitation,  and general information (Yuma, AZ.).

Yuma County Superior Court

General information and contact resources.

Cochise county detention facility information (Bisbee, AZ).

Cochise County Superior Court

Access to Cochise County Superior Court case information and case history.

Pinal County Sheriff’s Office/Detention Center Information and Inmate Search.

Pinal County Superior Court

Pinal County Superior Court homepage and general information

Pinal County Superior Court Judges

Pinal County Inmate FAQ