South Carolina 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

Under the South Carolina Code of Laws 17-25-322, an offender may not be granted pardon until all restitution is paid in full. This includes any restitution that has been converted to a civil judgment.

Pursuant to South Carolina Children's Code Title 63-15-60 (B), ?If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.? In order to qualify as a de facto custodian, the non-parent must prove to the Court by clear and convincing evidence ...

Section 63-17-325 (A) A biological father of a child has a duty to pay the mother of the child the following financial obligations beginning with the date of conception: (1) child support payment obligations in an amount determined pursuant to Section 63-17-470; (2) fifty percent of the mother's pregnancy expenses.

SECTION 17-25-323. Continuing jurisdiction over court-ordered payments; default; hearing to show cause; enforcement; entry in records; satisfaction of judgment.

Breaches of the peace. Magistrates may punish breaches of the peace by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding thirty days, or both.

In a typical probationary sentence, the judge sentences you to prison but suspends it. Suspending a prison sentence is just like getting suspended from school?you don't go. So the judge might sentence you to eight years of prison, suspended to three years' probation.

SECTION 63-3-820. Qualifications. (6) lay guardians ad litem must complete annually six hours of continuing education courses in the areas of custody and visitation.

For purposes of this section, "life" or "life imprisonment" means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of ...

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