Mississippi 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
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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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  • Preview 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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FAQ

Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...

Under the speedy trial statute, the prosecution has 270 days AFTER arraignment to bring a case to trial; however, under the Mississippi and U.S. Constitutions, that time frame can be significantly shorter.

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.

(a) When a defendant has been detained in custody or held to bail for the defendant's appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not ...

A: Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if evidence has been lost ...

Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. When arraignment cannot be held within the time specified because the defendant is in custody elsewhere, it shall be held as soon as possible.

Chapter 17 - Trial. § 99-17-1. Indictments to be tried within 270 days of arraignment. Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

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