, 24 Commerce St., Suite 1000, Newark, NJ 07102 A husband was turned aside where he appealed, not from the denial of his initial post-judgment motion, but from the denial of his (much later) motion to "reconsider” that initial post-judgment disposition. Write your motion for reconsideration. Any type of administrative sanctions incurred during incarceration will negatively impact the chance of success, so it is critical that the inmate have a clean incarceration record. We do our very best to tell our client’s story at their first sentencing hearing. A motion filed for reconsideration of sentence is held in abeyance.what does that mean. Most such applications must be filed within 60-days of the sentencing date, unless the basis being argued for the Court to change its mind fits into one of the recognized exceptions to this time limit. Also called 35 (b) proceedings, the process provides defendants with a second chance to argue for laxer penalties. The following deadlines apply: 90 days from that date to file the late motion for modification. My boyfriend is currently serving 9 months in jail to follow with 4 years probation for multiple DUI's. But, the Court has no right to increase your sentence. Matthews v. State, 161 Md. The writer wants to convince the judge to reevaluate his or her decision by giving valid reasons in detail to reassess the decision. Motion for Reconsideration of Sentence. Our firm recommends that a Motion to Reconsider be filed in each case. You MUST get your request for a hearing in in advance or the court may not have time to schedule a hearing. The motion is often filed in conjunction with other motions including a motion to correct an illegal sentence, a motion for reconsideration, a motion for rehearing, or a notice of appeal. Motion to reconsider sentence A. COURT OF COMMON PLEAS OF SAMPLE COUNTY, PENNSYLVANIA. Normally, the court would only have five years to rule on whether the sentence should be modified. If your attorney did not help you to exercise these rights, or was gave ineffective representation to you at your plea or trial, then you have the option of filing a post-conviction case against your attorney. A motion for reconsideration typically asks the deciding court to reconsider its decision due to the court's failure to review specific legal arguments. The motion for reconsideration asks the judge to reconsider her earlier ruling in light of new facts that have come to light. If you want to ask the sentencing Judge to modify your sentence, you can do so by filing a "Motion for Reconsideration of Modification of Sentence," or you can write a letter to the sentencing Judge that clearly states your case number, your current sentence, and your reasons for requesting reconsideration or … Florida law requires that you file a motion to modify your sentence within 60 days of the original sentencing. We are going to write a serious of blog posts to address these options. 973-982-1200, #reconsideration #sentence #rehabilitation, Your email address will not be published. If the sole purpose offered for a “delayed ruling: Motion for a Rule 35 (b) Reconsideration of a prison sentence is to extend out the 120 day time frame under the rule TOO FAR until a Defendant can present “evidence of rehabilitation,” while in the prison system a Court may deny the motion and make a finding of “abandonment” of the motion. We use cookies to give you the best possible experience on our website. A reconsideration letter to a judge is written to persuade the judge to reconsider a decision that was made during a sentencing trial. However, the Maryland Court of Appeals held recently in that case that if the trial court finds that your attorney was ineffective, because they failed to file the motion for reconsideration at your request, then the date for starting the calculation of that five years changes. What are my options now? I’ve been sentenced in Maryland State Court. The motion has to be filed within 90 days of you being sentenced. The motion requires filing with the clerk of the court within 90 days after sentencing. Proffer Letter: 3 Critical Steps Before Talking to the Feds. A motion for resentencing is brought by a person who has already been convicted and sentenced for a crime, asking the court to reduce or modify the sentence. Newark, NJ 07102 The motion for modification of sentence does not dispute the guilty verdict, only the sentence imposed. This is a very unique remedy. All efforts to support the defense application, with as much documentary and testimonial evidence as can be included, must be presented to the Court (or in the case of a joint application to the Prosecutor) at the time this application is filed to support a conclusion that the Petitioner’s rehabilitation has/is occurring. One of these ways is a “Motion to Reconsider”, which can make a big difference in a defendant’s case. Similarly, a claim that the judge was subject to impermissible motivations when choosing and imposing the sentence must be raised on appeal, not in a motion to correct an illegal sentence. That date runs from the date someone is sentenced. We can supplement our motion with certificates of achievement, family histories, and attach progress reports showing how well you have done since the judge’s original sentence. With a motion to modify we get the opportunity to have the judge sit and reconsider their original decision. In New Jersey, a defendant can file a request with the Court to ‘re-think’ the factors that supported the sentence issued by the Judge. Alternatively, … 5 years from January 1, 2020 for the court to consider your request. Motion for Modification (Reconsideration) of sentence in Maryland. After the Judge imposes the sentence, a Motion for Reconsideration of the sentence can be filed to reduce the time you will need to actually serve. The timing of the motion to reconsider determines whether it is a Rule 59 or Rule 60(b) motion. This is a sample pleading illustrating the format for a Motion for Reconsideration for a Protection from Abuse Order. Practitioners need not feel overly pessimistic about the odds for success if they have reasonable grounds for the motion. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. In criminal matters in Maryland State Court there are two main parts to a case. The motion to reduce or modify the sentence is filed under Florida Rule of Criminal Procedure 3.800 (c). We feel it is our duty to make the judge in each of our cases sees the good side of our clients. Here is a copy of this recent decision on Motion for Modification (Reconsideration) of sentence in Maryland. When Can a Motion For Reconsideration Be Filed? After the Judge imposes the sentence, a Motion for Reconsideration of the sentence can be filed to reduce the time you will need to actually serve. Motions for reconsideration are essential litigation tools. hwb@hwblaw.com. SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY, Howard W. Bailey, Esq. So, if you have a hearing on your post-conviction motion, and the judge grants your motion on say January 1, 2020. If you are not appealing the verdict, the motion for reconsideration must be filed within 126 days after sentencing. Many states consider a judgment to be final after you are originally sentenced, and … Many states consider a judgment to be final after you are originally sentenced, and the only way to get relief is by some form of appeal. The motion typically seeks to reduce jail or prison time, to allow the defendant to be released from custody, or to relax the conditions of probation.. 2d at 999 (citing Bank of Waunake v. True, you should avoid motions for reconsideration that do not raise overlooked grounds and do not pointedly and specifically indicate how the court has erred. If you are found guilty by a jury, or if you plead guilty, then you will face sentencing by your Maryland judge. 550 Broad Street, Suite 601 A motion can be filed at any time to: When you use the word reconsider in a parliamentary situation, it refers only to this specific motion. In New Jersey, a defendant can file a request with the Court to ‘re-think’ the factors that supported the sentence issued by the Judge. Calderon, 56 F.Supp. Why is that? A motion for reconsideration or motion to reconsider is a legal filing which someone can make to ask a court to review a decision and consider issuing a new decision in light of the review. Motion for Reconsideration of Modification of Sentence For situations not falling under JRA, the sentencing judge can consider modifying a sentence, after a “motion for reconsideration of modification of sentence” is filed. Motions to modify or reduce a sentence must be filed within 60 days of the date of the Judgment of Conviction. When you need Motion To Reconsider Sentence, don't accept anything less than … A motion to reconsider a remand order is proper "where the court has patently misunderstood a party, or has made a decision outside the adversarial issues presented to the Court by the parties, which made an error not of reasoning but of apprehension." This particular blog post covers the topic of Motion for Reconsideration of Sentence. Caught Speeding at 100 MPH? However, you also have the right to file an appeal, and a right to file an application for sentence review. Email either one of our attorneys, we would love to represent you. The fact is that a Motion for Reconsideration is not intended to operate as a Motion for Re-Hearing. How does reconsideration of a sentence work ? 59, 60(b). App. In addition, (again based on my experience) it is very unlikely that without a significant reason, that a Court will agree to such a reduction until a substantial portion of the sentence has been served on a ‘joint application’. Just as with your motion to stay, begin your motion for reconsideration by stating who you are, what you are asking of the judge, and which rule gives you permission to ask. With the exception of motions to rehear and motions for reconsideration, all motions filed in the Criminal Division of the Fairfax Circuit Court by pro se defendants must include the Court’s Pro Se Notice/Motion form. In most states, a defendant has the right to request that the sentencing judge reconsider the sentence. There is no risk in filing a motion for reconsideration. But, the beauty of the Maryland Courts is that we get two bites at the apple! This is a very unique remedy. This filing stays your right to be heard on the reconsideration at a later day if you wish. Yes, the judge does not have to reduce your sentence. Maryland Inmate Search: 3 Easy Ways to Access Information. 973-982-1200 • Fax: 973-982-1203 The motion shall be noted at the time it is filed, to be heard or otherwise considered within 30 days after the entry of the judgment, order, or other decision, unless the court directs otherwise. - Answered by a verified Lawyer. February 2020 The #MeToo Movement: More than a Hashtag. In State v. John Schlick, Mr. Schlick’s attorney failed to file a timely motion for modification. (3) If a petition for reconsideration is timely filed, and the petitioner has complied with the agency's procedural rules for reconsideration, if any, the time for filing a petition for judicial review does not commence until the agency disposes of the petition for reconsideration. First, there is the choice to either go to trial or decide to plead guilty. However: YOU ONLY HAVE 90 DAYS TO FILE THE MOTION. (However, if an appeal has been filed, the Trial Court can reconsider a sentence at any point during the pendency of the appeal.) Did you hear that correctly? M.R.C.P. Defendants who successfully argue on appeal that their sentences were illegal do not obtain a reversal of their convictions. All pro se motions are heard on Fridays and must be noticed for the 9:00 a.m. Criminal Docket. There are basic requirements involved in this motion: A new factor exists. Under the law, a judge cannot increase your sentence after you request a reconsideration. The court can reconsider a sentence is if a Motion to Reconsider is filed within 30-days of sentencing. The new five year date would then run from the date of the order from the judge saying that your attorney failed to file the motion for reconsideration for you. Pro per litigants should give that distinction long and careful consideration. Conspiracy and Accomplice Liability, The Differences, Signer Beware When Signing Up to Be An Informant, When to File a PCR Petition. There are two ways that a circuit court can reconsider a person’s sentence. Defendants must move quickly if they would like to ask the judge to reconsider their sentence. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to § 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of § 19.2-298.01. Get a Lawyer as Fast as You Can! SAMPLE PLEADING: MOTION TO RECONSIDER . All the motions in the class of motions that bring a question again before the assembly assist your group in revisiting previously considered motions. Petitions asserting a need for drug or alcohol rehabilitation, or the severe illness of the defendant, or to correct a sentence that was not authorized by the New Jersey Criminal Code, may be made at any time. Mirriam can be reached at mirriam.seddiq@seddiqlaw.com and Justin can be reached at justin.eisele@seddiqlaw.com. The motion to Reconsider is a distinct parliamentary motion! Powerful and Experienced Criminal Defense Attorney, Understanding Disorderly Persons Offenses. The aggrieved party may (1) file a motion for a new trial or to alter or amend under Rule 59 or (2) file for a relief from a final judgment under Rule 60(b). In Maryland you have the right to ask your sentencing judge to modify your sentence. January 2020 In like a lion and out like a lamb heading to slaughter. All forms provided by US Legal Forms, the nations leading legal forms publisher. In Colorado, a motion for reconsideration is a request for a sentence reduction made by a defendant who has already been convicted of and sentenced for the crime. You should speak to counsel about utilizing this right. A Motion for Reconsideration can also be made at any time when it is ‘for good cause’ supported by both the prosecution and the defense. We can always ask for a hearing later, but we CANNOT file the motion after the time has passed. The Newark, NJ Law Office of Howard W. Bailey serves all of New Jersey including Essex County, Bergen, Hudson, Passaic, Morris, Middlesex, Hunterdon, Somerset, Monmouth, Ocean, and Sussex counties, including the suburban communities of Summit, Chatham, Madison, Montclair, Roseland, the Caldwells, Livingston, Short Hills, Millburn, Glen Ridge, Cedar Grove, Nutley, Clifton, Fairfield, Verona and more. Be heard on Fridays and must be noticed for the court has no right to be filed in each.! 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In Maryland you have the right to ask your sentencing judge to modify your sentence. Each of our clients have a story. A motion for a new trial or for reconsideration shall identify the specific reasons in fact and law as to each ground on which the motion is based. 248, 252 (2005). He is being told by his jailmates that he can go before a judge for reconsideration to increase the jail time and eliminate the probation. We are all humans, and we all make mistakes. UPDATE: A recent Maryland Court of Appeals decision shows exactly how important it is to have diligent counsel for your Motion for Reconsideration (Modification) of Sentence in Maryland. If you fail to meet the timeline, or do not file the appropriate documents, you may not be eligible for a modification to your sentence. The facts here are based on Jack and Jill’s fictional tumble down the hill. As a result, the Maryland Courts have said that failure of counsel to file a motion to modify a sentence is ineffective assistance of counsel. A motion for reconsideration shall be granted only with the consent of at least half the judges who concurred in the opinion. (1) In felony cases, within thirty days following the imposition of sentence or within such longer period as the trial court may set at sentence, the state or the defendant may make or file a motion to reconsider sentence. A motion for reconsideration is not an appeal; filing an appeal is a more involved process. If your trial counsel failed to file a motion our firm can be retained to file a post-conviction case against your trial counsel asking that you be able to file a late (belated) motion to modify. When to File an Appeal. After you are sentenced there are various options to you. Maryland Compassionate Release: 3 Keys to Opportunities for Success. Required fields are marked *, You may use these HTML tags and attributes:

, 24 Commerce St., Suite 1000, Newark, NJ 07102 A husband was turned aside where he appealed, not from the denial of his initial post-judgment motion, but from the denial of his (much later) motion to "reconsider” that initial post-judgment disposition. Write your motion for reconsideration. Any type of administrative sanctions incurred during incarceration will negatively impact the chance of success, so it is critical that the inmate have a clean incarceration record. We do our very best to tell our client’s story at their first sentencing hearing. A motion filed for reconsideration of sentence is held in abeyance.what does that mean. Most such applications must be filed within 60-days of the sentencing date, unless the basis being argued for the Court to change its mind fits into one of the recognized exceptions to this time limit. Also called 35 (b) proceedings, the process provides defendants with a second chance to argue for laxer penalties. The following deadlines apply: 90 days from that date to file the late motion for modification. My boyfriend is currently serving 9 months in jail to follow with 4 years probation for multiple DUI's. But, the Court has no right to increase your sentence. Matthews v. State, 161 Md. The writer wants to convince the judge to reevaluate his or her decision by giving valid reasons in detail to reassess the decision. Motion for Reconsideration of Sentence. Our firm recommends that a Motion to Reconsider be filed in each case. You MUST get your request for a hearing in in advance or the court may not have time to schedule a hearing. The motion is often filed in conjunction with other motions including a motion to correct an illegal sentence, a motion for reconsideration, a motion for rehearing, or a notice of appeal. Motion to reconsider sentence A. COURT OF COMMON PLEAS OF SAMPLE COUNTY, PENNSYLVANIA. Normally, the court would only have five years to rule on whether the sentence should be modified. If your attorney did not help you to exercise these rights, or was gave ineffective representation to you at your plea or trial, then you have the option of filing a post-conviction case against your attorney. A motion for reconsideration typically asks the deciding court to reconsider its decision due to the court's failure to review specific legal arguments. The motion for reconsideration asks the judge to reconsider her earlier ruling in light of new facts that have come to light. If you want to ask the sentencing Judge to modify your sentence, you can do so by filing a "Motion for Reconsideration of Modification of Sentence," or you can write a letter to the sentencing Judge that clearly states your case number, your current sentence, and your reasons for requesting reconsideration or … Florida law requires that you file a motion to modify your sentence within 60 days of the original sentencing. We are going to write a serious of blog posts to address these options. 973-982-1200, #reconsideration #sentence #rehabilitation, Your email address will not be published. If the sole purpose offered for a “delayed ruling: Motion for a Rule 35 (b) Reconsideration of a prison sentence is to extend out the 120 day time frame under the rule TOO FAR until a Defendant can present “evidence of rehabilitation,” while in the prison system a Court may deny the motion and make a finding of “abandonment” of the motion. We use cookies to give you the best possible experience on our website. A reconsideration letter to a judge is written to persuade the judge to reconsider a decision that was made during a sentencing trial. However, the Maryland Court of Appeals held recently in that case that if the trial court finds that your attorney was ineffective, because they failed to file the motion for reconsideration at your request, then the date for starting the calculation of that five years changes. What are my options now? I’ve been sentenced in Maryland State Court. The motion has to be filed within 90 days of you being sentenced. The motion requires filing with the clerk of the court within 90 days after sentencing. Proffer Letter: 3 Critical Steps Before Talking to the Feds. A motion for resentencing is brought by a person who has already been convicted and sentenced for a crime, asking the court to reduce or modify the sentence. Newark, NJ 07102 The motion for modification of sentence does not dispute the guilty verdict, only the sentence imposed. This is a very unique remedy. All efforts to support the defense application, with as much documentary and testimonial evidence as can be included, must be presented to the Court (or in the case of a joint application to the Prosecutor) at the time this application is filed to support a conclusion that the Petitioner’s rehabilitation has/is occurring. One of these ways is a “Motion to Reconsider”, which can make a big difference in a defendant’s case. Similarly, a claim that the judge was subject to impermissible motivations when choosing and imposing the sentence must be raised on appeal, not in a motion to correct an illegal sentence. That date runs from the date someone is sentenced. We can supplement our motion with certificates of achievement, family histories, and attach progress reports showing how well you have done since the judge’s original sentence. With a motion to modify we get the opportunity to have the judge sit and reconsider their original decision. In New Jersey, a defendant can file a request with the Court to ‘re-think’ the factors that supported the sentence issued by the Judge. Alternatively, … 5 years from January 1, 2020 for the court to consider your request. Motion for Modification (Reconsideration) of sentence in Maryland. After the Judge imposes the sentence, a Motion for Reconsideration of the sentence can be filed to reduce the time you will need to actually serve. The timing of the motion to reconsider determines whether it is a Rule 59 or Rule 60(b) motion. This is a sample pleading illustrating the format for a Motion for Reconsideration for a Protection from Abuse Order. Practitioners need not feel overly pessimistic about the odds for success if they have reasonable grounds for the motion. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. In criminal matters in Maryland State Court there are two main parts to a case. The motion to reduce or modify the sentence is filed under Florida Rule of Criminal Procedure 3.800 (c). We feel it is our duty to make the judge in each of our cases sees the good side of our clients. Here is a copy of this recent decision on Motion for Modification (Reconsideration) of sentence in Maryland. When Can a Motion For Reconsideration Be Filed? After the Judge imposes the sentence, a Motion for Reconsideration of the sentence can be filed to reduce the time you will need to actually serve. Motions for reconsideration are essential litigation tools. hwb@hwblaw.com. SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY, Howard W. Bailey, Esq. So, if you have a hearing on your post-conviction motion, and the judge grants your motion on say January 1, 2020. If you are not appealing the verdict, the motion for reconsideration must be filed within 126 days after sentencing. Many states consider a judgment to be final after you are originally sentenced, and … Many states consider a judgment to be final after you are originally sentenced, and the only way to get relief is by some form of appeal. The motion typically seeks to reduce jail or prison time, to allow the defendant to be released from custody, or to relax the conditions of probation.. 2d at 999 (citing Bank of Waunake v. True, you should avoid motions for reconsideration that do not raise overlooked grounds and do not pointedly and specifically indicate how the court has erred. If you are found guilty by a jury, or if you plead guilty, then you will face sentencing by your Maryland judge. 550 Broad Street, Suite 601 A motion can be filed at any time to: When you use the word reconsider in a parliamentary situation, it refers only to this specific motion. In New Jersey, a defendant can file a request with the Court to ‘re-think’ the factors that supported the sentence issued by the Judge. Calderon, 56 F.Supp. Why is that? A motion for reconsideration or motion to reconsider is a legal filing which someone can make to ask a court to review a decision and consider issuing a new decision in light of the review. Motion for Reconsideration of Modification of Sentence For situations not falling under JRA, the sentencing judge can consider modifying a sentence, after a “motion for reconsideration of modification of sentence” is filed. Motions to modify or reduce a sentence must be filed within 60 days of the date of the Judgment of Conviction. When you need Motion To Reconsider Sentence, don't accept anything less than … A motion to reconsider a remand order is proper "where the court has patently misunderstood a party, or has made a decision outside the adversarial issues presented to the Court by the parties, which made an error not of reasoning but of apprehension." This particular blog post covers the topic of Motion for Reconsideration of Sentence. Caught Speeding at 100 MPH? However, you also have the right to file an appeal, and a right to file an application for sentence review. Email either one of our attorneys, we would love to represent you. The fact is that a Motion for Reconsideration is not intended to operate as a Motion for Re-Hearing. How does reconsideration of a sentence work ? 59, 60(b). App. In addition, (again based on my experience) it is very unlikely that without a significant reason, that a Court will agree to such a reduction until a substantial portion of the sentence has been served on a ‘joint application’. Just as with your motion to stay, begin your motion for reconsideration by stating who you are, what you are asking of the judge, and which rule gives you permission to ask. With the exception of motions to rehear and motions for reconsideration, all motions filed in the Criminal Division of the Fairfax Circuit Court by pro se defendants must include the Court’s Pro Se Notice/Motion form. In most states, a defendant has the right to request that the sentencing judge reconsider the sentence. There is no risk in filing a motion for reconsideration. But, the beauty of the Maryland Courts is that we get two bites at the apple! This is a very unique remedy. This filing stays your right to be heard on the reconsideration at a later day if you wish. Yes, the judge does not have to reduce your sentence. Maryland Inmate Search: 3 Easy Ways to Access Information. 973-982-1200 • Fax: 973-982-1203 The motion shall be noted at the time it is filed, to be heard or otherwise considered within 30 days after the entry of the judgment, order, or other decision, unless the court directs otherwise. - Answered by a verified Lawyer. February 2020 The #MeToo Movement: More than a Hashtag. In State v. John Schlick, Mr. Schlick’s attorney failed to file a timely motion for modification. (3) If a petition for reconsideration is timely filed, and the petitioner has complied with the agency's procedural rules for reconsideration, if any, the time for filing a petition for judicial review does not commence until the agency disposes of the petition for reconsideration. First, there is the choice to either go to trial or decide to plead guilty. However: YOU ONLY HAVE 90 DAYS TO FILE THE MOTION. (However, if an appeal has been filed, the Trial Court can reconsider a sentence at any point during the pendency of the appeal.) Did you hear that correctly? M.R.C.P. Defendants who successfully argue on appeal that their sentences were illegal do not obtain a reversal of their convictions. All pro se motions are heard on Fridays and must be noticed for the 9:00 a.m. Criminal Docket. There are basic requirements involved in this motion: A new factor exists. Under the law, a judge cannot increase your sentence after you request a reconsideration. The court can reconsider a sentence is if a Motion to Reconsider is filed within 30-days of sentencing. The new five year date would then run from the date of the order from the judge saying that your attorney failed to file the motion for reconsideration for you. Pro per litigants should give that distinction long and careful consideration. Conspiracy and Accomplice Liability, The Differences, Signer Beware When Signing Up to Be An Informant, When to File a PCR Petition. There are two ways that a circuit court can reconsider a person’s sentence. Defendants must move quickly if they would like to ask the judge to reconsider their sentence. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to § 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of § 19.2-298.01. Get a Lawyer as Fast as You Can! SAMPLE PLEADING: MOTION TO RECONSIDER . All the motions in the class of motions that bring a question again before the assembly assist your group in revisiting previously considered motions. Petitions asserting a need for drug or alcohol rehabilitation, or the severe illness of the defendant, or to correct a sentence that was not authorized by the New Jersey Criminal Code, may be made at any time. Mirriam can be reached at mirriam.seddiq@seddiqlaw.com and Justin can be reached at justin.eisele@seddiqlaw.com. The motion to Reconsider is a distinct parliamentary motion! Powerful and Experienced Criminal Defense Attorney, Understanding Disorderly Persons Offenses. The aggrieved party may (1) file a motion for a new trial or to alter or amend under Rule 59 or (2) file for a relief from a final judgment under Rule 60(b). In Maryland you have the right to ask your sentencing judge to modify your sentence. January 2020 In like a lion and out like a lamb heading to slaughter. All forms provided by US Legal Forms, the nations leading legal forms publisher. In Colorado, a motion for reconsideration is a request for a sentence reduction made by a defendant who has already been convicted of and sentenced for the crime. You should speak to counsel about utilizing this right. A Motion for Reconsideration can also be made at any time when it is ‘for good cause’ supported by both the prosecution and the defense. We can always ask for a hearing later, but we CANNOT file the motion after the time has passed. The Newark, NJ Law Office of Howard W. Bailey serves all of New Jersey including Essex County, Bergen, Hudson, Passaic, Morris, Middlesex, Hunterdon, Somerset, Monmouth, Ocean, and Sussex counties, including the suburban communities of Summit, Chatham, Madison, Montclair, Roseland, the Caldwells, Livingston, Short Hills, Millburn, Glen Ridge, Cedar Grove, Nutley, Clifton, Fairfield, Verona and more. Be heard on Fridays and must be noticed for the court has no right to be filed in each.! 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