Virgin Islands 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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FAQ

Williams, 430 U.S. 387 (1977), the Supreme Court held that a defendant gains the right to an attorney ?at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment."

Due Process Rights: The Right to Counsel As a basic tenet of our adversarial legal system, the Sixth Amendment's Right to Counsel provision tries to negate any imbalance of power between the legally-knowledgeable prosecution and a defendant who isn't as well-versed in criminal law.

See Texas v. Cobb, 532 U.S. 162 (2001). The right to counsel ?attaches? when formal judicial proceedings have begun. An accused is entitled to have counsel present and participating at all ?critical stages? of the process.

Post-Conviction. The right to counsel does not apply to certain post-conviction criminal law judicial proceedings. In general, the defendant has the right to counsel at sentencing, at the first appeal of right (in some states), and in capital cases, where a review of the effective assistance of counsel is necessary.

United States, 486 U.S. 153, 158 (1988) ( [W]e have held that the Sixth Amendment secures the right to the assistance of counsel, by appointment if necessary, in a trial for any serious crime. ).

A criminal defendant may choose to proceed without counsel. This decision is known as a waiver of their right to counsel. A criminal defendant must voluntarily waive the right. Moreover, they must knowingly make their decision for the waiver to be effective.

At which point in the criminal process does the right to counsel end? After the first appeal.

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