Pennsylvania 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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Description

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

A sentence imposed in a federal criminal case may also be reduced pursuant to 28 U.S.C. § 2255 when the sentence needs to be vacated, set aside, or corrected due to constitutional violations.

Obtaining a modification requires going back to court after being sentenced to petition the judge to alter the terms of your original sentence. The law does allow you to petition the judge, through your criminal defense lawyer, to postpone your sentence, revoke your sentence, or issue a stay of payment of fines.

Bail Before Verdict. (A) Bail before verdict shall be set in all cases as permitted by law. Whenever bail is refused, the bail authority shall state in writing or on the record the reasons for that determination.

How to Get a Federal Sentence Reduced: 5 Ways Criminal History. In different cases, a person might have a significant, minor, or nonexistent criminal history, which will all play into the criminal history mitigating factor analysis to reduce a sentence. ... Diminished Capacity. ... Coercion and Duress. ... Aberrant Behavior. ... Fast Track.

A 5k motion usually occurs prior to sentencing, with a Rule 35(b) reduction occurring after sentencing. These sentencing reductions provide for a reduced prison term even though the defendant is considered to be legally guilty and sentenced ing to federal guidelines.

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.

Rule 35 is amended in order to make it clear that a judge may, in his discretion, reduce a sentence of incarceration to probation. To the extent that this permits the judge to grant probation to a defendant who has already commenced service of a term of imprisonment, it represents a change in the law.

There are processes for requesting a judge to take a second look at a sentence imposed and, if there was an error made or other compelling reason, the judge may choose to reduce or alter the sentence.

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