Get AO 247 Order Regarding Motion For Sentence Reduction

Can a Judge Change or Reduce a Sentence? In most states, judges have some authority to reduce a defendant's sentence but only within certain time frames. Whether and how you can request a sentence reduction depends on where you are being sentenced. The rules and laws vary by federal and state courts.

Under current Rule 35(b), if the government believes that a sentenced defendant has provided substantial assistance in investigating or prosecuting another person, it may move the court to reduce the original sentence; ordinarily, the motion must be filed within one year of sentencing.

An appellate court may order that the sentencing court reduce a defendant's sentence for a variety of reasons. One of those reasons is that the appellate court finds that the sentence is unreasonable based on the nature of the defendant's actions or the circumstances leading up to the defendant committing the offense.

A federal judge will often have the discretion to give a lighter sentence if mitigating facts and circumstances are worthy of consideration. The judge will apply the specific facts brought to light by your attorney to the Sentencing Guidelines factors to consider.

An appellate court may order that the sentencing court reduce a defendant's sentence for a variety of reasons. One of those reasons is that the appellate court finds that the sentence is unreasonable based on the nature of the defendant's actions or the circumstances leading up to the defendant committing the offense.