Wisconsin Notice Regarding Sec. 3582 Motions

State:
Wisconsin
Control #:
WI-SKU-0301
Format:
PDF
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Description

Notice Regarding Sec. 3582 Motions

Wisconsin Notices Regarding Sec. 3582 Motions is a document that is required to be served on the State of Wisconsin by any party filing a motion for sentence modification under 18 U.S.C. § 3582(c)(2). This document informs the state of the filing of the motion and provides notice of the hearing date. The Wisconsin Notice Regarding Sec. 3582 Motions covers two types of motions: (1) a motion for sentence modification based on a non-government sponsored motion for compassionate release; and (2) a motion for sentence modification based on a retroactive change in the sentencing guidelines. The notice must include the following information: the name of the defendant, the docket number, the date of the motion, the date of the hearing, the name of the court, the name of the moving, and the name of the attorney making the motion. The notice must be sent to the Wisconsin Department of Justice, the Wisconsin Attorney General, the district attorney, and the clerk of court.

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FAQ

(4), a party may file a motion for reconsideration in the court of appeals within 20 days after the date of a decision issued pursuant to s. 752.41 (1). The motion must state with particularity the points of law or fact alleged to be erroneously decided in the decision and must include supporting argument.

A defendant can seek sentence modification in two ways: 1) moving for modification as a matter of right under this section, to assert an erroneous exercise of discretion based on excessiveness, undue harshness, or unconscionability; or 2) moving for discretionary review, invoking the inherent power of the circuit court

No, bail is not required in Wisconsin. The law allows a judge to impose a bail if it is determined by the court that there is a reasonable basis that bail is necessary to ensure the defendant appears in court.

A substantial change in circumstances may arise when a child custody order is modified and the parent paying support becomes the custodial parent, when a medical issue arises, when a parent has a significant change in income such as a job loss, or when a parent is put in jail.

Notice of Intent to Pursue Post-Conviction Relief is the notice that must be filed in the trial court within 20 days of the sentencing hearing, which puts everyone on notice that you intend to pursue post-conviction relief, meaning you intend to appeal or file additional motions in the trial court.

(4), a party may file a motion for reconsideration in the court of appeals within 20 days after the date of a decision issued pursuant to s. 752.41 (1). The motion must state with particularity the points of law or fact alleged to be erroneously decided in the decision and must include supporting argument.

A criminal defense attorney can file a bond modification motion which asks the court to reduce the bail amount. There is no guarantee that the amount will be reduced, but a skilled attorney will be able to argue the facts of the case in your favor and give you a fighting chance.

Motion to Suppress Evidence: This is a pretrial motion that is filed in Wisconsin criminal cases seeking suppression of evidence for the reason that the evidence was seized by police in violation of the Fourth Amendment (unreasonable warrantless search and seizure).

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Wisconsin Notice Regarding Sec. 3582 Motions