florida motion for reconsideration sample

Florida Motion for Reconsideration Sample: Understanding the Process and Benefits

In the state of Florida, a motion for reconsideration is a legal process that allows defendants to request a reduction or modification of their sentence after it has been imposed. This type of motion is often used in cases where the defendant feels that the original sentence was harsh or unfair, or where new information has come to light that may warrant a re-evaluation of the sentence.

One important thing to keep in mind when filing a motion for reconsideration is that the trial judge cannot reduce the sentence to one that could not have been originally imposed. This means that if the defendant was given a harsh sentence because they were denied a negotiated plea, it is unlikely that the court will impose a more lenient sentence.

Despite this limitation, motions for reconsideration can still be an effective way to reduce or modify a sentence in certain circumstances. For example, if the defendant was given an unexpectedly harsh sentence due to an open plea without any negotiated terms, a motion for reconsideration may be able to help them achieve a more reasonable outcome.

In many cases, it makes sense to file a motion for reconsideration, especially when the court imposes a sentence that is unexpected or unjust. An attorney who specializes in criminal defense can help guide defendants through this process and ensure that all necessary motions are filed promptly and effectively.

Under Florida Rule of Criminal Procedure 3.800(c), defendants have 60 days from the date of sentencing to file a motion for reconsideration. This rule provides a strict timeline for filing these motions, which is why it is important to work with an experienced attorney who can help ensure that all deadlines are met and all necessary paperwork is filed on time.

The rules governing motions for reconsideration were recently amended to clarify the timeline for court rulings on timely-filed motions. The amended rule provides that the court has 90 days from the date of filing to enter a ruling, although this timeframe can be extended by agreement of the parties or as extended by the trial court.

In addition to filing a motion for reconsideration, defendants may also choose to file other types of motions, such as a motion to correct an illegal sentence, a motion for rehearing, or a notice of appeal. An attorney who is experienced in handling these types of motions can help defendants navigate the legal process and achieve the best possible outcome.

Overall, a Florida motion for reconsideration sample provides valuable guidance on the legal process and benefits of filing this type of motion. By understanding the rules and procedures governing motions for reconsideration, defendants can make informed decisions about their legal options and work towards achieving a more reasonable sentence.