Louisiana Motion to Correct Illegal Sentence

State:
Louisiana
Control #:
LA-5169
Format:
Word; 
Rich Text
Instant download

Description

This example requests correction of an illegal sentence in a criminal matter, pursuant to La. C.Cr.P. Article 882. The motion states that the defendant pled guilty to two misdemeanor charges, but was wrongly sentenced under a felony statute. Therefore, a correction is requested. An order to show cause is attached.
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FAQ

Yes, the Ten Commandments display law was struck down in Louisiana due to concerns over separation of church and state. This decision reaffirmed that government entities cannot endorse specific religious beliefs through public displays. It's important to stay informed about such rulings as they can impact many legal and civic matters within the state.

A motion to amend a judgment in Louisiana is a formal request asking the court to change or modify a previous decision. This motion may address issues such as clerical mistakes or seeks to correct errors that impact the outcome. If you’re dealing with any aspect of a court ruling, it can be beneficial to file this motion to seek clarity or correction.

Rule 9.9 in Louisiana refers to specific guidelines governing the handling of certain legal matters within the court system. This rule outlines procedures to ensure due process and fairness in how cases are managed, particularly concerning the Louisiana Motion to Correct Illegal Sentence. Understanding this rule can be essential for anyone navigating the legal landscape in Louisiana.

An amended sentence typically means that the court may have missed something in the sentencing order that was originally not put on the record.

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.

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.

Unfortunately, yes, a sentence can be changed or modified so long as the court has jurisdiction over the matter. When a person is on probation the court continues to have jurisdiction.

No. The judge can follow the same law but judge the case differently and change a ruling. When you write your motion, though, it is best if you explain clearly why you think the judge should change the ruling.

Federal law requires the Director must file a motion on your behalf seeking a reduction in your sentence. The Director may file a motion for the reduction of your sentence if you are 70 or older, have served at least 30 years on a life sentence, and the Director believes you are no longer a danger to the public.

Federal courts follow the Federal Sentencing Guidelines in imposing sentences.But an appeals court will reverse the sentence only if the judge abused his or her discretion, or imposed a sentence above the maximum set by the statute that defines the crime.

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Louisiana Motion to Correct Illegal Sentence