A DV-designated Disorderly Conduct conviction at Glendale Municipal Court left the client with 19 days of jail to serve via work release. When Maricopa County suspended work release during COVID-19, Future First filed a Motion to Modify Sentence and cut the actual jail term to 2 days.

At a glance

Court	Glendale Municipal Court
Original charge	Disorderly Conduct – Fighting (ARS § 13-2904(A)(1)) with domestic violence designation, Class 1 Misdemeanor
Original sentence (March 2020)	120 days jail with 100 suspended on treatment completion, leaving 19 days via work release
Result (May 2021)	Amended commitment order reducing actual jail to 2 days straight time at Glendale City Jail after Motion to Modify Sentence
Jail days saved	17 days
Eligibility for set aside	Approximately 2021 under ARS § 13-905
Eligibility for sealing	Approximately 2024 under ARS § 13-911, three years after sentence completion

The stakes

The client faced a Class 1 Misdemeanor Disorderly Conduct charge with a Domestic Violence designation at Glendale Municipal Court under ARS § 13-2904(A)(1). C1M DV conviction exposure in Arizona runs up to 180 days jail, up to $2,500 fine plus 78% surcharge, mandatory DV offender treatment program, up to 5 years probation, lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(9), and a permanent record affecting employment, housing, and immigration.

At the March 2020 plea, the client received 120 days jail with 100 suspended on treatment completion, leaving 19 days to serve via work release. Then in October 2020, Maricopa County suspended work release entirely due to COVID-19. The 19 days that had been structured as work release suddenly faced conversion to straight in-custody jail time, with no employment carve-out.

What we did

When Maricopa County suspended work release, Future First filed a Motion to Modify Sentence asking the court to convert the remaining jail term to home detention or reduced straight time. The firm built the record on COVID-era jail risk and the client’s employment exposure.

The court entered an amended commitment order in May 2021 reducing actual jail to 2 days straight time at Glendale City Jail. The client served 2 days in July 2021 and completed the treatment program. Set aside under ARS § 13-905 is eligible approximately 2021. Sealing records under ARS § 13-911 is eligible approximately 2024, three years after sentence completion.

What our clients say

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If your sentence terms changed after sentencing in Arizona

Sentence modification is one of the most underused defense tools in Arizona criminal law. A Motion to Modify Sentence under Rule 24 lets the court adjust a previously imposed sentence when circumstances change after sentencing. Common triggers include medical issues, employment changes, family obligations, and program availability changes (like the COVID-era work release suspension).

The standard for modification is not automatic. The court has to find that the modification serves the interest of justice and does not undermine the original sentencing intent. A well-built modification motion lays out the changed circumstance, identifies the specific portion of the sentence at issue, and proposes a modification that still satisfies the underlying punishment goal.

Work release suspensions during the COVID-19 pandemic produced a wave of these motions. Defendants who had been sentenced to in-custody time structured as work release suddenly faced consecutive straight-time confinement, which compromised employment and family stability. Courts had latitude to convert those sentences to home detention or reduced straight time, but only when defense counsel filed a motion making the case.

Future First Criminal Law has handled sentence modification work across Maricopa County and Arizona. We know how Glendale Municipal Court and other municipal courts evaluate Rule 24 motions, and how to position a record so the court has grounds to grant the relief.

Related resources

Arizona criminal defense — full overview of how we handle misdemeanor and felony charges
Set aside and sealing in Arizona — how to clean up your record after a conviction

Call us

Facing a DV charge or a sentence that needs modification in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of DV cases and post-sentence modifications across Arizona. The earlier we are involved, the more options you have.

Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona criminal procedure, visit the Arizona State Legislature website.