Louisiana Motion and Order to Reconsider Sentence

State:
Louisiana
Control #:
LA-5475
Format:
Word; 
Rich Text
Instant download

Description

This is an example of a motion to reconsider sentence pursuant to La. C.Cr. Proc. Article 822. The motion notes that the court failed to take into consideration any mitigating factors and sentenced the defendant to a term of imprisonment that was excessive under the circumstances. Accordingly, the motion requests the court to reconsider the defendant’s sentence. Attached is an order granting the motion and amending the sentence.
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FAQ

The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

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.

A motion to modify sentence is filed after sentencing within 90 days of the guilty finding. It ask the court to modify the sentence to lighten the sentence. It might ask a judge to strike the conviction and enter probation before judgment...

An arraignment in Louisiana is the first court appearance in criminal court in Louisiana. Prior to the arraignment, the prosecutor either filed a bill of information, which is the formal charge, or the grand jury returned a true bill indictinhg the defendant. The arraignment is then set.

A motion to modify a criminal sentence is usually asking the court to somehow reduce the existing sentence. The existing sentence can be jail time, probation, community service and/or monetary fines.

Examples of modify in a Sentence She has modified her views on the matter. The design was modified to add another window. We played a modified version of our favorite game. Adjectives usually modify nouns, and adverbs usually modify verbs, adjectives, and other adverbs.

A motion to release is a legal filing made to ask a judge to issue a ruling that will result in the release of property or a person from custody.

Motion to Modify a Sentence (Resentencing) in California.The motion typically seeks to reduce jail or prison time, to allow the defendant to be released from custody, or to relax the conditions of probation. A prisoner can file this petition no matter if he was sentenced for a misdemeanor or a felony.

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Louisiana Motion and Order to Reconsider Sentence