This pamphlet provides an overview of sentence reduction in criminal cases. Topics covered include judicial release, downward departure, sentence modification, and legislative changes.
Florida USLegal Pamphlet on Sentence Reduction
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State:
Multi-State
Control #:
US-PMPH-14
Format:
Word;
Rich Text
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FAQ
A prison sentence reduction hearing, also known as a "motion for modification of sentence," is a legal proceeding in which an inmate requests the court to reduce their prison sentence. These hearings are not automatic and must be initiated by the inmate or their legal representative.
To have a Florida court accept a modification request, certain conditions must occur: Florida Sentencing Errors. Having an lawyer review your case for errors in sentencing is critical. ... The Florida Defendant Assists Another Criminal Case. ... Other Mitigating Factors in Florida.
A sentence reduction could result in wholesale release from custody for time served, or simply an acceleration of the defendant's anticipated release date from federal prison.
Under the Federal Sentencing Guidelines judges may increase a defendant's sentence based upon charges for which the defendant was found not guilty.
A judge may in fact modify your sentence if their was a clerical error. Yes. A court generally maintains power to correct an incorrect sentence. This means that if the sentence was brought about by a clerical error, the court can simply amend the abstract of judgment to reflect the correct sentence.
Under the Florida Rules of Criminal Procedure, a court is permitted to modify or reduce a sentence it imposed within sixty days after the sentence is imposed. The court may modify the sentence on its own volition or pursuant to a motion filed by the defendant.
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.