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ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT. (b) Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years or fined not more than $10,000 or both fined and imprisoned.
Rule 35(b) reduction of sentence - Within 120 days after sentencing has occurred, your lawyer can request that the sentencing judge reconsider your sentence. You can ask for a reduction in sentence or an alternative form of sentence. The court can reconsider a sentence without motion from the individual.
In-person conversations. The consent of at least one party to a conversation is required to record ?any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation.? W. Va. Code §§ 62-1D-2, 62-1D-3.
- The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time period provided herein for the reduction of sentence. (b)Reduction of sentence.
The court where the action is pending may order a party whose mental or physical condition?including blood group?is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.
Rule 35 is amended in order to make it clear that a judge may, in his discretion, reduce a sentence of incarceration to probation. To the extent that this permits the judge to grant probation to a defendant who has already commenced service of a term of imprisonment, it represents a change in the law.
What Is a Rule 35 Federal Motion? Rule 35(b) of the Federal Rules of Criminal Procedure allows a federal prosecutor to ask the sentencing court to reduce the incarcerated individuals previously-imposed sentence. Simply stated, a Rule 35 motion is essentially a plea for leniency.