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.
Title: South Dakota Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution — Modify Introduction: In the legal realm, a South Dakota Affidavit by an Attorney for the Defendant plays a critical role in supporting a motion for a reduction of sentence. When a defendant assists with another prosecution, this affidavit serves as a powerful tool to advocate for a lesser sentence. This comprehensive document aims to shed light on the different types of South Dakota Affidavits, explain their purpose, and outline the relevant keywords pertaining to this legal process. 1. South Dakota Affidavit by Attorney for Defendant — Coordinated Assistance: This particular type of affidavit emphasizes the defendant's active involvement in assisting with a specific prosecution, highlighting the coordination between the attorney and the defendant throughout the legal process. Keywords: coordinated assistance, active involvement, prosecution support. 2. South Dakota Affidavit by Attorney for Defendant — Substantive Contribution: In cases where the defendant's cooperation extends beyond coordination and includes substantial contributions, this affidavit focuses on the defendant's valuable insights, evidence, or testimonies that significantly aid in the progress and success of another prosecution. Keywords: substantive contribution, valuable insights, evidence, testimonies. 3. South Dakota Affidavit by Attorney for Defendant — Impartial Testimonial Support: This type of affidavit accentuates the defendant's unbiased testimonial assistance provided during another prosecution, evaluating the credibility and reliability that their testimony brings to the case. Keywords: impartial testimonial support, credibility, reliability. 4. South Dakota Affidavit by Attorney for Defendant — Expert Collaboration: When the defendant possesses unique expertise or specialized knowledge relevant to another prosecution, this affidavit underscores the importance of their collaboration with legal professionals, lending professional insights, and aiding the prosecution's case. Keywords: expert collaboration, specialized knowledge, professional insights. 5. South Dakota Affidavit by Attorney for Defendant — Reputational Impact: In certain instances, the defendant's cooperation may lead to negative consequences such as reputational damage or retaliation. This affidavit seeks to address and mitigate such impacts, placing importance on protecting the defendant while still acknowledging their contribution to another prosecution. Keywords: reputational impact, mitigation, protection. Conclusion: South Dakota Affidavits by Attorneys for Defendants in support of motions for a reduction of sentence, focusing on the defendant's assistance with another prosecution, come in various forms. Whether emphasizing coordinated assistance, substantive contribution, impartial testimonial support, expert collaboration, or addressing reputational impact, these affidavits aim to persuade the court to grant a reduced sentence in recognition of the defendant's valuable support. The proper utilization of relevant keywords ensures the effectiveness of these legal documents.
