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Wednesday, February 23, 2011

Will a Judge Reconsider a Sentence for My Texas Controlled Substance Case?

If you have an adequate Frisco criminal attorney, you may never need to ask this question. Federal judges generally do not revisit their sentencing decisions, and are fairly strict on Texas controlled substance rulings. There are two exceptions. One is that judges may correct a sentence for clear error, within 14 days after the sentence is imposed. Clear error is one that results from an arithmetical or technical mistake. However, it is unwise to depend on a court error to occur. Your best bet is to hire a Frisco defense lawyer to make certain the proceedings go on without such mistakes.

The other exception is that court may reduce a sentence if the government files a motion based upon the defendant providing substantial assistance in investigating or prosecuting another person. This should be filed within one year of sentencing. It can be filed later if the information or its usefulness was not known to the defendant or the Government until after the year had expired. Consult a qualified Frisco criminal attorney to guide you through this process.

While many state courts allow defendants to request a sentence reconsideration based on leniency grounds within 90 or 120 days of sentencing, there is no corresponding provision in
federal law.

If you believe the sentence imposed was not acceptable by law (for example, if it exceeded the statutory maximum) or that it was the result of procedural error, you can appeal the sentence to a higher court, but you must file a Notice of Appeal within ten days of being sentenced. A Frisco defense lawyer will be able to assist you with your appeal.

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