In many cases, it makes sense to file a motion to reduce or modify a sentence, especially when the court imposes a sentence that was unexpected. Attorneys for a Motion to Reduce Sentence in Tampa, FL The rule now gives the court 90 days from the date the motion is filed to enter a ruling, although that time can be extended by agreement of the parties or as extended by the trial court.īecause of these strict timelines, you need an attorney who can help you file all of the appropriate motions, schedule the hearing on the motion quickly, and appear with you at the hearing so that additional information can be presented to the court about why it is in the interest of justice to reduce or modify the sentence. The rules were recently amended to clarify the timeline for the court ruling on a timely filed motion.
The motion can also be filed within 60 days of the date the mandate is returned for a direct appeal to a higher court. Under Florida Rule of Criminal Procedure 3.800(c), the defendant is permitted to file a motion asking the trial court to reduce or modify their sentence, but the motion must be filed within 60 days of the sentencing. These motions appeal to the discretion of the sentencing court under rule 3.800(c), but do not allege any error or otherwise seek correction of the judgment and sentence under Florida Rule of Criminal Procedure 3.800(b)(1). The motion to modify or reduce the sentence asks the trial court to reconsider its earlier sentence in light of pertinent facts, such as the possible sentencing range and the nature of the charges, as well as the effect the sentence will have on the defendant’s family and the cost of incarceration. 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. The motion to reduce or modify the sentence is filed under Florida Rule of Criminal Procedure 3.800(c). After being sentenced, the defendant must act quickly when seeking a motion to reduce or modify the sentence.