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: Understanding the Wisconsin Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution Introduction: In the legal system of Wisconsin, the Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution plays a significant role in seeking a reduction of a defendant's sentence. This document serves to acknowledge the defendant's cooperation with authorities in another ongoing case, presenting the relevant facts, arguments, and supporting evidence. This article aims to provide a detailed description of the purpose, components, and potential variations of this essential affidavit. 1. Purpose of the Wisconsin Affidavit by Attorney for Defendant: The primary objective of the Wisconsin Affidavit by Attorney for Defendant is to support a motion for sentence reduction for a defendant who has actively assisted with another ongoing prosecution. Such cooperation aids in the resolution of additional cases and encourages defendants to provide valuable information, leading to the successful prosecution of other individuals involved in criminal activities. 2. Components of a Wisconsin Affidavit by Attorney for Defendant: a. Introduction: The affidavit should begin with a concise introduction, identifying the parties involved, the case number, and the court where the motion for sentence reduction will be filed. b. Defendant's Cooperation: This section highlights the nature and extent of the defendant's assistance, including details such as the information provided, evidence shared, and actions taken to assist the prosecution. c. Significance of Cooperation: Here, the attorney explains the relevance and importance of the defendant's assistance to the ongoing prosecution, emphasizing how it contributed to the successful outcome of the case or aided in the identification of new suspects. d. Sentencing Factors: This component focuses on the relevant sentencing factors outlined in Wisconsin law, demonstrating how the defendant's cooperation warrants a reduction of their sentence. Attorneys may reference specific statutes and legal precedents to strengthen their arguments. e. Attorney's Affirmation: The affidavit concludes with a statement from the attorney asserting the truthfulness and accuracy of the information provided and their belief in the defendant's eligibility for a sentence reduction due to their cooperation. 3. Types of Wisconsin Affidavits by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution: While the core purpose remains the same, there may be variations in the specific types of affidavits used, depending on factors such as the nature of the defendant's assistance or the complexity of the case. Some possible variations include: a. Affidavit Regarding Confidentiality: This affidavit addresses cases where the defendant's cooperation requires them to disclose sensitive or confidential information. It emphasizes the need for protective measures to ensure the defendant's safety and privacy. b. Affidavit Regarding Exculpatory Evidence: In cases where the defendant provides new evidence that potentially exonerates them from the initial charges, this affidavit emphasizes the significance of their assistance, highlighting the impact on the fair administration of justice. c. Affidavit Regarding Cooperation Agreements: In instances where the defendant's cooperation is part of a pre-determined agreement, this affidavit outlines the terms and conditions of the cooperation agreement, explaining the value it adds to the state's case and the defendant's eligibility for sentence reduction. Conclusion: The Wisconsin Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution is a critical component of the legal process. By showcasing the defendant's cooperation and presenting persuasive arguments, this affidavit provides grounds for reducing the defendant's sentence. Attorneys must understand the specific requirements and tailor the affidavit to individual circumstances, ensuring a comprehensive and compelling case for sentence reduction.
