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beachbum101

Reconsider sentence

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On a motion to reconsider a sentence IF granted can the judge lower the class of the charge ?Not saying he would ,but would the judge have that in his power?

 

Not likely, but it depends on the law of the unidentified state where the case is pending.

 

 

 

Is a motion to reconsider setence or to withdraw plea considered as an appeal?

 

No.

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Judges will very rarely overrule themselves. To have a sentence changed on a motion to reconsider you have to point to something the judge did not know or consider when he or she imposed the sentence. This would include newly discovered evidence or change in the law. You can't just ask him or her to change the sentence because you think it is too harsh. A previous offer that was rejected cannot be revived. If the sentence is within the range of penalties it need not be changed because of the sentencing guidelines. The guidelines are something the judge was aware of when the sentence was imposed.

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Lett's be clear here. Your question involved withdrawing a plea. Did you plead guilty pursuant to a plea bargain or were you found guilty at trial?

Your last question regarded witnesses whose evidence was apparently surpressed because the evidence was obtained illegally. If those circumstance were known prior to the sentencing the evidence would not constitute cause for reconsideration. The time to deal with it was prior to or during sentencing.

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A motion to suppress evidence would have already been heard and would have no bearing on a motion to reconsider sentencing.  As said before, if you accepted a plea bargain, it may well be too late, if you were sentenced according to the plea bargain.

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Let me see if I have the time line right.  A motion to suppress was granted.  A plea bargain was offered and accepted. You were sentenced according to the plea bargain. Now you want the sentencing revisited?

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