Understanding the Motion for Reconsideration of Sentence
Sometimes, when a defendant is found guilty and sentenced for a crime they committed, the punishment may seem disproportionate. With the assistance of an experienced criminal defense attorney, you may be able to file a Motion for Sentence Modification, which presents an opportunity for the sentence to be reduced or modified.
A Motion to Reconsider is, at best, a “long shot.” Moreover, in most cases, it is not successful. It is important to understand that a Motion to Reconsider only can result in a change to the sentence, not the underlying guilty verdict.
If you believe your case may be eligible for a sentencing reconsideration, contacting a knowledgeable criminal defense lawyer can benefit your case. Virginia criminal lawyers Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law, PC, are here to help.” With over 50 years of combined trial experience, they have filed many different post-conviction motions, including Motions for Reconsideration. Visit Scrofano Law PC’s main page for more insights regarding our services.
What Is a Motion for Reconsideration of Sentence?
A Motion for Reconsideration is a legal request to a court asking the court to reconsider the defendant’s sentence. This means the judge re-examines only the sentence that the court imposed after finding the defendant guilty.
It is crucial to understand that a Motion to Reconsider cannot erase the fact that a person was found guilty of an offense. Also, the court cannot eliminate all the incarceration time imposed with the original sentence. However, it can correct a sentence imposed and modify a part of the incarceration time. These corrections can also include length of probation, fines, and amount of restitution.
Overall, a Motion for Reconsideration serves as a legal avenue for defendants to challenge and potentially alter the consequences of a guilty verdict to achieve a more desirable outcome.
Legal Grounds for Filing
If you are facing a sentence after being convicted for a crime and are still being held in the local jail, you may file a Motion to Reconsider. It is critical to understand that this option is time-sensitive.
The court will not be able to modify a sentence once a defendant is in the state prison system, as opposed to the local detention facility. A person convicted of a felony and ordered to serve a sentence in a prison managed by the Department of Correction (DOC) cannot request this motion after they are transferred to prison. But, there might be a chance for filing this motion before that transfer or within 60 days of such transfer under the Virginia Code § 19.2-303.
Furthermore, a Motion to Reconsider must include a new argument or piece of evidence that should have been considered when the sentencing judge made the decision. Typically, judges require substantial reasons to approve this motion.
Difference Between an Appeal and a Motion for Reconsideration
Generally, when you appeal, you ask a higher court to review a decision made by a lower court judge because you believe the judge made a mistake. If you win, the most likely outcome will be another trial. Although there is a chance to be found not guilty, there is also a chance of another, possibly harsher sentence.
On the other hand, a Motion to Reconsider cannot make the defendant’s sentence worse than it already is. That means there is little risk in requesting one.
An appeal may be the most well-known procedure to pursue after a verdict. However, filing appeals is complicated, and a limited number of appeals are typically available to criminal defendants. Due to its complexity, criminal appeals often require the assistance of a skilled appellate lawyer. Ultimately, the circumstances of the case will dictate whether an appeal or Motion to Reconsider is appropriate.
If you have been arrested and charged with a crime, hiring an experienced criminal defense attorney can be crucial. Your attorney will guide you through criminal justice proceedings and the next steps if you are convicted.
Want to know what to expect when you’re expecting a Virginia criminal charge? Reach out to Scrofano Law, PC, for guidance.
Benefits and Drawbacks of a Motion for Reconsideration vs. an Appeal
A Motion for Reconsideration offers a more straightforward approach to modifying a sentence, without the risk of a harsher sentence. It focuses solely on altering the terms of the sentence, such as probation length or fines, rather than overturning the conviction itself. This makes it a safer option for defendants who want to reduce their sentence without the uncertainties of a new trial.
In contrast, an appeal involves requesting a higher court to review a conviction, which can lead to a retrial. While an appeal has the potential for a complete acquittal, it carries the risk of an even harsher sentence if the court finds the original verdict was correct.
The Process of Filing a Motion
Filing a Motion to Reconsider involves several stages and a thorough preparation. There will not be endless opportunities to present this motion to the judge.
Initial Steps and Preparation
First, a motion must be in writing, stating the reasons why the judge should reconsider the previously imposed legal sentence.
All evidence supporting the motion should be included in the initial filing. This can include letters outlining health-related issues from a healthcare provider, letters from family and employers, or even certificates of completed programs while incarcerated. Particular attention should be paid to any mitigating changes in circumstances that were not presented at the original sentencing hearing.
Filing the Motion
The Motion to Reconsider and supporting documents are filed with the Circuit Court Clerk’s Office. A copy must also be sent to the trial judge who made the ruling.
In addition to mitigating evidence or change in circumstances, these motions should also contain other information, including:
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Defendant’s full name
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Applicable criminal case numbers
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Date of the sentencing court hearing when the original sentence was imposed
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Name of the trial court judge who made the sentencing decision
Upon receiving this motion, the judge can either deny or grant the motion. The judge may also set a date for a hearing regarding the motion.
How Scrofano Law, PC Can Help
Hiring a Fairfax criminal defense lawyer is highly recommended when you are being charged with a crime in Virginia. Our legal team at Scrofano Law, PC, can offer guidance and support and represent you in court.
Our goal is to achieve the best possible outcome in your case. Unfortunately, in some cases, a conviction may seem inevitable. But that doesn’t mean we stop fighting. If your case is eligible, we can pursue a Motion for Reconsideration and any other available recourse.
Want to Learn More About a Motion for Reconsideration? Call Scrofano Law, PC Today!
Facing a prison sentence can be daunting. It can be even worse if the sentence feels disproportionate to the crime or if you are facing a personal situation. A Motion for Reconsideration allows those in challenging situations to modify or reduce their sentences.
Succeeding on a Motion for Reconsideration can be challenging. That’s why the help of a seasoned advocate is often essential.
As individuals who understand both sides of the courtroom, Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law PC may be the right people for this task. They can leverage their decades of experience as a defense attorney and former prosecutor to achieve the most favorable result in your case.
Contact us today to learn more and find out how we can help.
Frequently Asked Questions: Motion for Reconsideration of Sentence in Virginia
1. Who is eligible to file a Motion for Reconsideration in Virginia?
A defendant who has been convicted and sentenced for a crime may file this motion as long as they are still being held in a local jail or detention facility. Once a defendant is transferred to the state prison system managed by the Department of Corrections, the court generally loses the authority to modify the sentence.
2. What is the deadline for filing a sentencing reconsideration?
The motion is highly time-sensitive. It must typically be filed while the defendant is in local custody. Under Virginia Code § 19.2-303, the court may still have jurisdiction to hear the motion if it is filed within 60 days of the defendant being transferred to the custody of the Department of Corrections.
3. Can a Motion for Reconsideration overturn a guilty verdict?
No. This motion only asks the judge to re-examine the punishment imposed. It cannot erase a conviction or change a guilty verdict to not guilty. To challenge the underlying conviction, a defendant must file an appeal to a higher court.
4. What are the risks of filing a Motion to Reconsider compared to an appeal?
Unlike an appeal, which could result in a new trial and a potentially harsher sentence, a Motion for Reconsideration cannot make the original sentence worse. It only carries the possibility of reducing or modifying the existing penalties, such as shortening incarceration time or probation.
5. What evidence is required to support the motion?
The motion must present a new argument or mitigating evidence that was not considered during the original sentencing. Examples include proof of completed rehabilitation programs while in jail, letters from employers or family, or documentation of significant changes in health or personal circumstances.