Massachusetts 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
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US-02238BG
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Word; 
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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

THE TERM POSTCONVICTION REMEDIES DENOTES THOSE PROCEDURAL DEVICES AVAILABLE TO A PERSON, WHO, AFTER CONVICTION AND SENTENCE, WANTS TO VACATE OR REDUCE THE SENTENCE IMPOSED, INVALIDATE HIS GUILTY PLEAS, OR SET ASIDE HIS CONVICTION.

Rule 29(a)(1), Illegal Sentences, provides that, within 60 days after a trial judge imposes a sentence, either the Commonwealth or the judge may move to revise or revoke that sentence if any part of the sentence is illegal.

Rule 30 of the Massachusetts Rules of Criminal Procedure, provides for Postconviction Relief, as it allows a defendant who has made an admission to sufficient facts, pleaded guilty, or been found guilty to file a motion for a new trial, vacating the conviction.

In the criminal justice system, once a defendant has received a guilty verdict, he or she can then challenge a conviction or sentence. This takes place through different legal actions, known as filing an appeal or a state and/or federal habeas corpus proceeding.

The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.

Under Massachusetts Criminal Procedure Rule 30, Postconviction Relief, a person who has been convicted and imprisoned or who has had their liberty restrained due to a criminal conviction is allowed to file a written motion for relief.

An example of a motion to suppress is where a defendant requests the court to suppress a confession by the defendant to the police that was obtained as a result of a Miranda violation.

A person who has been granted conviction relief ?is released from any penalties and disabilities resulting from the arrest, and may answer any question relating to the arrest ingly,? with exceptions relating to peace officer applications, public office, firearms, Vehicle Code section 13555(d), the Lottery ...

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