Delaware Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

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Multi-State
Control #:
US-02238BG
Format:
Word; 
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Description

It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.

The court where the action is pending may order a party whose mental or physical condition?including blood group?is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

The Court will appoint counsel for an indigent movant only in the exercise of discretion and for good cause shown, but not otherwise. Unless the judge appoints counsel for a limited purpose, it shall be the duty of counsel to assist the movant in presenting any substantial ground for relief available to the movant.

What Is a Rule 35 Federal Motion? Rule 35(b) of the Federal Rules of Criminal Procedure allows a federal prosecutor to ask the sentencing court to reduce the incarcerated individuals previously-imposed sentence. Simply stated, a Rule 35 motion is essentially a plea for leniency.

Rule 11 - Signing of pleadings, motions, and other papers: Representations to Court, sanctions (a) Signature. Every pleading, motion, and other paper shall be signed by at least 1 attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.

A 5k motion usually occurs prior to sentencing, with a Rule 35(b) reduction occurring after sentencing. These sentencing reductions provide for a reduced prison term even though the defendant is considered to be legally guilty and sentenced ing to federal guidelines.

Rule 32 - Stays and injunctions pending appeal; security for such stays or injunctions (a)Stay or injunction pending appeal. -Except in a challenge to a final award under the Delaware Rapid Arbitration Act, a motion for stay must be filed in the trial court in the first instance.

Substantial assistance or cooperation credit However, Rule 35 generally allows the government to move for a similar reduction within one year from the date a sentence was imposed.

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Delaware Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify