After the Judge imposes the sentence, a Motion for Reconsideration of the sentence can be filed to reduce the time you will need to actually serve. In New Jersey, a defendant can file a request with the Court to ‘re-think’ the factors that supported the sentence issued by the Judge. Most such applications must be filed within 60-days of the sentencing date, unless the basis being argued for the Court to change its mind fits into one of the recognized exceptions to this time limit. Petitions asserting a need for drug or alcohol rehabilitation, or the severe illness of the defendant, or to correct a sentence that was not authorized by the New Jersey Criminal Code, may be made at any time. A Motion for Reconsideration can also be made at any time when it is ‘for good cause’ supported by both the prosecution and the defense. The reality (based on my experience) is that the Court will rarely grant this type of Motion while a period of parole ineligibility is still being served, unless the reasons for the change are well established. All efforts to support the defense application, with as much documentary and testimonial evidence as can be included, must be presented to the Court (or in the case of a joint application to the Prosecutor) at the time this application is filed to support a conclusion that the Petitioner’s rehabilitation has/is occurring. Any type of administrative sanctions incurred during incarceration will negatively impact the chance of success, so it is critical that the inmate have a clean incarceration record. In addition, (again based on my experience) it is very unlikely that without a significant reason, that a Court will agree to such a reduction until a substantial portion of the sentence has been served on a ‘joint application’.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
24 Commerce Street, Suite 1000
Newark, NJ 07102
973-982-1200
Hello
What are the chances of reducing a sentence after already being incarcerated for 11 years for 1st degree after pleading guilty to a plea deal
https://law.justia.com/cases/new-jersey/appellate-division-unpublished/2017/a5597-14.html
My son was convicted in a criminal trial and was sentenced to a 12 yr term with 85% , an appeals court ruled that his case required review and he was not awarded a fair trail as they tried him with his co defendant when he clearly objected to this with his court appointed attorney. He has served seven years and we would like to get him a time served as this was his first offense and the sentence is excessive. Please take a look the Appellant Courts Ruling in his case
Would like to consult with you about a sentence reconsideration