Defendants who are convicted of a crime can face a number of different penalties, including incarceration, fines, probation, and community service. During the sentencing hearing, the defense can attempt to persuade the judge to impose the lightest sentence possible on the defendant. However, these attempts are not always successful. Fortunately, defendants may have one more chance to fight for a lighter sentence. Here’s what you should know about filing a motion for reconsideration:
What is a Motion For Reconsideration?
A 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.
For example, let’s say a defendant is convicted of driving under the influence (DUI). The judge sentences the defendant to one year in jail, which is the maximum penalty for first-time DUI defenders. The defendant can file a motion for reconsideration and ask the judge to reconsider the original sentence. He can argue that since this was his first criminal conviction, he does not deserve the maximum penalty. If the judge agrees, the defendant’s sentence can be lightened.
Who Can File a Motion For Reconsideration?
Many defendants think they can only file a motion for reconsideration if they have been sentenced to prison, but that’s not the case. Any defendant who has been convicted and sentenced is eligible to file a motion for reconsideration, regardless of the severity of their sentence.
In most cases, defendants choose to file a motion for reconsideration if they believe the penalties imposed upon them were unfair. Other defendants file a motion if they believe they have been rehabilitated and deserve another chance. It’s up to the judge to review the defendant’s request and determine if he deserves a lighter sentence.
When Can a Motion For Reconsideration Be Filed?
Defendants must move quickly if they would like to ask the judge to reconsider their sentence. If you are not appealing the verdict, the motion for reconsideration must be filed within 126 days after sentencing. If you are appealing the verdict, the motion for reconsideration must be filed within 126 days after the appellate court’s decision.
If you have been convicted of a crime, speak to the criminal defense attorneys at Reisch Law Firm. Let our criminal defense attorneys file a motion for reconsideration and prove that the punishment does not fit the crime. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
