Can a judge choose to reduce a sentence based on the defendant having a deadly heart condition and 2 previous cardia arrests because of it?

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Can a judge choose to reduce a sentence based on the defendant having a deadly heart condition and 2 previous cardia arrests because of it?

Someone I know has a potentially deadly heart condition that has already resulted in 2 previous cardiac arrests while in the hospital. He condition require frequent appointments with her cardiologist to check her defibrillator amount other things. In addition her condition requires close monitorsing of her diet and electrolytes as imbalances can provoke a deadly heart arrhythmia.

Asked on February 13, 2019 under Criminal Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The judge has the discretion to reduce a sentence based on the medical condition of the defendant.  One factor the judge will consider after reviewing the medical records is whether or not the defendant can receive appropriate medical treatment at a prison medical facility.


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