martkeron.blogg.se - Free sample motion for reconsideration in florida

If you are not appealing the verdict, the motion for reconsideration must be filed within 126 days after sentencing.

When Can a Motion For Reconsideration Be Filed?ĭefendants must move quickly if they would like to ask the judge to reconsider their sentence. It’s up to the judge to review the defendant’s request and determine if he deserves a lighter sentence. Other defendants file a motion if they believe they have been rehabilitated and deserve another chance. In most cases, defendants choose to file a motion for reconsideration if they believe the penalties imposed upon them were unfair. Any defendant who has been convicted and sentenced is eligible to file a motion for reconsideration, regardless of the severity of their sentence. Many defendants think they can only file a motion for reconsideration if they have been sentenced to prison, but that’s not the case. Who Can File a Motion For Reconsideration? If the judge agrees, the defendant’s sentence can be lightened. He can argue that since this was his first criminal conviction, he does not deserve the maximum penalty. The defendant can file a motion for reconsideration and ask the judge to reconsider the original sentence. The judge sentences the defendant to one year in jail, which is the maximum penalty for first-time DUI defenders. Here’s what you should know about filing a motion for reconsideration:Ī defendant who has been convicted and sentenced for a crime can file a motion for reconsideration if he would like to ask the judge for a lighter sentence.įor example, let’s say a defendant is convicted of driving under the influence (DUI).

Fortunately, defendants may have one more chance to fight for a lighter sentence. However, these attempts are not always successful. During the sentencing hearing, the defense can attempt to persuade the judge to impose the lightest sentence possible on the defendant. Defendants who are convicted of a crime can face a number of different penalties, including incarceration, fines, probation, and community service.