If you have been convicted of a crime, you may be wondering what can be done to reduce, modify, or correct your sentence following a criminal conviction. In this brief article, a criminal defense lawyer in Tampa with The Rickman Law Firm covers the circumstances in which your sentence may be modified or reduced. If you think your sentence needs to be altered in some way, consult with an experienced attorney today.
As a general rule, the sentences which undergo the correction process are known as illegal sentences. An illegal sentence is a sentence that results from a clerical error or has no basis in law. Examples of illegal sentences include the following:
Under Rule 3.800, the court may correct a sentencing error, including incorrect jail credit or an illegal sentence, at any time. The motion should identify the error with specificity and propose corrections. The response to the motion must be filed within fifteen days, admitting or contesting the error. The defendant then has the right to appeal within thirty days of rendition of any orders denying or dismissing motions. The subsequent procedure differs based on whether or not the motion is filed before appeal or pending appeal. However, motions may only be filed if the correction of the error would benefit the defendant or correct a scrivener’s error, or a minor clerical error.
The modification of a sentence can include any of the following aspects: range of sentence, nature of the charges, severity of the sentence, and the cost of incarceration. A court may move to reduce or modify a sentence in any of the following time frames:
If the review is upon motion, then the trial court will have ninety days from the date of the motion’s filing to enter an order ruling on the motion. As with the correction of a sentence, this subdivision of Florida law is not applicable to cases in which the death sentence or the minimum mandatory sentence has been imposed or the trial judge has no sentencing discretion.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.