View Full Version : What does he need to do for sentencing reconsideration?


calyypso1
01-26-2012, 08:02 PM
Does Reconsideration of Sentence ever work? I want to believe that it does. Where can I find success in helping my man file for a reconsideration of sentence in Iowa?

calyypso1
01-31-2012, 07:02 AM
ok so I was hoping someone could shed some light on this.... i hear crickets! I wondered if he doesn't do anything while he is in and just let the lawyer do it??? Anyone else have anything at all on this matter? Do I need to give you all more info on this to get an answer? He is currently in reception so not a lot he can do but I want to get it in the system for review. I am in Iowa where I am finding out the laws are unique. Help anyone?

kccss16
01-31-2012, 05:54 PM
I hope u get an answer I posted a thread asking the same.. Mine is on a SC federal level.. Is there anyone out there that can help us.....

*Still Standing*

denisegallegos
01-31-2012, 06:56 PM
I filed a motion for reconsideration of sentencing about a week ago.
I went to district court got the paper work from clerk, filled it out and sent it to my man while he was in RDC he got it noterized and mailed it back to me.
Than i had to go back to court, filed it. Now its just a waiting game.
Hope my info helps

Jodester
01-31-2012, 09:43 PM
I'm in Idaho and have the same question. How can I help my dad with his appeal to reduce his sentencing? Does it really take years? Do we have hope?

imnluv
02-01-2012, 12:40 PM
Im wondering about this too. Im in Va. My LO has been dwn for YEARS. Is there a timeframe that u have to file it? So many questions. Any advice is so very appreciated.

denisegallegos
02-01-2012, 02:52 PM
I live new mexico I'm not aware of a time frame i would say the sooner the better

calyypso1
02-01-2012, 03:02 PM
I filed a motion for reconsideration of sentencing about a week ago.
I went to district court got the paper work from clerk, filled it out and sent it to my man while he was in RDC he got it noterized and mailed it back to me.
Than i had to go back to court, filed it. Now its just a waiting game.
Hope my info helps
thank you it does help but now it has me thinking how much does it cost? Is there a reason we want his lawyer to do it for us or is that just money down the drain? His lawyer told the family wait until June(Its only February) to do this. Do you just walk up to Clerk of Courts and go "I need the form please" as simple as pie? Why not file now and wait until June-it will be that long probably anyway? I like the post but I have more questions. Anyone care to comment or clarify? I am in Iowa btw.....

denisegallegos
02-01-2012, 06:51 PM
thank you it does help but now it has me thinking how much does it cost? Is there a reason we want his lawyer to do it for us or is that just money down the drain? His lawyer told the family wait until June(Its only February) to do this. Do you just walk up to Clerk of Courts and go "I need the form please" as simple as pie? Why not file now and wait until June-it will be that long probably anyway? I like the post but I have more questions. Anyone care to comment or clarify? I am in Iowa btw.....

Yes its that simple.
Now as for a court date that is the waiting part.
I filed for my husband about a month after
It doest cost anything
A lawyer will speak on his behalf if u hire one.
Since i am filing myself my husband will have to speak to the court on his own.
But my husband is ready also the motion asks for 3 reasons for the reconsideration.

calyypso1
02-02-2012, 05:19 AM
Yes its that simple.
Now as for a court date that is the waiting part.
I filed for my husband about a month after
It doest cost anything
A lawyer will speak on his behalf if u hire one.
Since i am filing myself my husband will have to speak to the court on his own.
But my husband is ready also the motion asks for 3 reasons for the reconsideration.

Thank you for the post. Your info was super helpful! The end sentence is what is standing out to me here. He won't have really 3 reasons to reconsider that the judge hasn't seen already(if we file now). I bet we should add if he gets help and do some voluntary programs while he is either at IMCC or NCF/FDCF to make it stand out a bit. My bf said that his counselor suggested he voluntarily enroll in some. I said great idea! I bet if he gets going with those we can add that to the filing. So we probably should wait until he is almost done with those. Iowa likes to see that kind of thing from what I have read. Anyone here agree with me or have had this happen?

denisegallegos
02-02-2012, 06:12 AM
Yes taking the councilors advice is a good idea.
When you file just ask the court clerk to explain the process that's what i did and she explained exactly what to do. Besides the forms to file came w complete directions , good luck!

fbopnomore
02-02-2012, 10:27 AM
Also be sure to ask what the time limitation (if any) is for filing a motion for sentence reconsideration so you will be sure to file it timely.

calyypso1
02-03-2012, 04:13 PM
In Iowa he has up to 1 year but I do not intend to wait that long and his lawyer says he will do it this summer. I wish I could just avoid having that b*&$h ex-wife of his to stay away. She helped to get him in there and since she works as a legal asst, she will have a lot of opportunity to get what she wants I am sure.... he is so screwed!

Para PCR
02-07-2012, 02:56 PM
Does Reconsideration of Sentence ever work? I want to believe that it does. Where can I find success in helping my man file for a reconsideration of sentence in Iowa?

Reconsideration of sentencing works at times it don't. It has alot do with alerting the court that all the issues wasn't presented at the time. Or it can be that the judge was to harsh or the sentence imposed was not what the law demanded. Its doesn't take an attorney to get it done, sometimes success is granted at the Pro.Se level too.

eric'sgal69
03-02-2012, 07:42 PM
That was timely because I am in the process of filing a Motion for Reconsideration (from scratch as I was given a generic form as a template to follow for it and also to file for Motion for Continuance as he didn't have legal representation for his PFA Hearings, for his Divorce Hearing, his Petition for Modification of Child Support and he didn't file paperwork to Suspend Child Support after he had his MVA 03/2010 and was out of work all that time and got seriously in arrears because of him not staying on top of things. So this helps me some, but I won't know for sure until Monday, 3/5/2012 if my Motions will be accepted or not...I'm crossing my fingers because Public Defender, Legal Aid and Pro Bono all said they can't/won't provide legal representation for him.

I actually stumbled onto this site while researching legal precedents/examples for Commonwealth of Pennsylvania.:eek:

26thncaliswag
03-02-2012, 07:54 PM
You have to remember that there is a victim in the matter the majority of the time. The need of the defendant's family comes tertiary to the court. The court will consider the interedst of the public, and the desire of the victim before the desire of the defendant's family.

ky12
03-03-2012, 11:17 AM
In most states, it really isn't as simple as asking for a form. Each state and district have different procedural rules that must be followed. In my state, Motions for Relief/Modification of Sentence must include applicable case law citations, which for the lay person is incredibly difficult.

Depending on the amount of time your boyfriend was sentenced to serve, your attorney is probably giving you good advice in advising that you wait until he has served some time.

I've been prosecuting for 30+ years and can count on one hand the number of sentence modifications that have been granted. Anyone that is seeking this type of relief would benefit from speaking with a criminal defense attorney with this type of experience. Most attorneys will offer an initial consultation for free.

mrs.bowman
03-07-2012, 07:58 AM
I'm in Indiana and need step by step help!! he just asked for it because he said he has never had a voice on the outside before!!!!

Gryphon
03-07-2012, 11:48 AM
As KY12 said, sentence reconsideration procedures are very different in each state. You'll need state specific advice. Some states have judges review the requests. Other states have no such process.
In CA, a sentencing judge has 120 days to exercise discretion to recall a sentence. That discretion can be triggered by informal requests, filed documents, guilt, or anything else. It happens close to never, and even where a hearing is held I can't recall the sentence changing (in the coupekl of cases spread out over 25 years where I've been able to get the judge to set a hearing.) Of course, a judge who didn't follow the law can always be adressed via Writ of Habeus Corpus. That's different than "reconsideration".

Eowyn
03-09-2012, 10:19 AM
Can one ask for sentencing reconsideration if one takes a plea? Or only if one goes thru trial?

Same question re: appeals?

Gryphon
03-11-2012, 12:21 AM
Can one ask for sentencing reconsideration if one takes a plea? Or only if one goes thru trial?

Same question re: appeals?
In CA, sentence reconsideration exists for 120 days after sentencing and that discretion rests with the trial judge. The discretion exists no matter if it was a plea or a trial.

mburton000
03-16-2012, 01:43 PM
In general, a motion for reconsideration can ONLY raise issues that either were not presented at the time of sentencing, usually because they were NOT KNOWN, not just simply not raised, or asking the Judge to reconsider a factor or factors he may have considered in imposing a harsh sentence.

Your conduct AFTER sentencing in prison would have zero impact. In fact, a motion for reconsideration generally has a small timeframe for which to file. I'd have to look it up for Federal criminal. In Nevada civil cases, which is where I am at, the time for a motion to reconside ris only 10 days from the date of entry of the order you are asking to reconsider.

kccss16
03-16-2012, 08:37 PM
I disagree a bit. I know in a previous case a mans behavior and overall rehabilitation was the reason he was able to get released. Laws are changing daily on this subject.. Its a see saw. But hopefully one day more judges adapt to this method of allowing the rehabilitation to b a factor in reconsideration.

*Still Standing*

calyypso1
05-21-2012, 05:01 PM
UPDATE: When I posted this it was January when he first went in. We are now past 120 days since he has been gone from me. Last week we (his mom and me) had questions and called to set up an apointment with lawyer. We called and his assistant said that they were going to file this week! Wth? His comment was always June we will file. Thank goodness we had a bunch of character letters ready to go when we met his lawyer! His lawyer did not over promise and really didn't say much as to why the date was moved a few weeks up from his original time from of next month. Well, for Iowa there is a rotation in the district he was in. We hope we will get a new judge as normally it goes to the sentencing one. We will just not know much for a few weeks. We also put what he was doing while inside too. I know I must stay hopeful that it works. The DA and attorney wanted to grant probation at the beginning but his victim said hells to the no. So, we are hanging a bit on the fact that the DA wrote a letter stating that he won't fight a R.O.S if he shows good behavior inside... so here we go! Keep fingers crossed for us! Thanks!