Sentencing Modifications and Reductions in NH
Sentence modification is a procedure in which a sentence which has already been passed by a judge is modified in light of. There are a number of things which can lead to sentence modification and the process involves several steps. It is important to note that in many regions, judges have a high degree of discretion when it comes to handling cases, which means that decisions about sentences for cases which seem similar may vary, depending on which judge passes sentence.
If a sentence is to be modified, it must first be demonstrated that there are new factors in the case. These factors were not known to the judge at the time of sentencing, either because they had been overlooked by the parties involved in the case or because they had not been uncovered yet. These new factors must demonstrably alter the approach to the sentencing, as well; not all new factors would influence a judge when it comes to passing sentence, and thus simply uncovering new information does not provide enough grounds for sentence modification.
Attorney Paul J. Garrity has helped many clients with sentencing modifications and reductions in NH. Motions for sentence modification typically involve a two-step process. First, we will demonstrate the existence of a new factor, if in fact there is new factor or modification present. A new factor is a fact or number of facts that are highly relevant to the imposition of the sentence but was not known to either party or the judge at the time of sentencing, either because it was missed by both parties or was not existent at time of sentencing. The new factor must be an event or development in the case that discourages the purpose of the original sentence. There must be some connection between the new factor and the sentencing which is relevant of the sentencing selected by the trial court.
The defense must establish the existence of a new factor by clear and convincing evidence. The issue of whether a set of facts constitutes a new factor for sentencing purposes presents a question of law which may be reviewed without delay to the trial court.
If he or she does so, then the trial court must determine whether the new factor justifies modification of the sentence. This process can lead to a sentencing reduction. It is our goal to fight to the end for our clients and review all aspects of your case over and over again till the best possible resolution has been exhausted.
Call us today if you are facing criminal charges to re-evaluate your existing case.
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