Legal Question in Criminal Law in Florida
reconsideration of sentencing dicision
My fiance' was recenly given a choice, after violating probation, of either 180 days in jail or two years community control. She at the time did not realize that she would only have to serve about 57 days of the 180 due to time served waiting in jail. She and I now agree that it is best to get this all over with. How do we get the ball rolling? We only have till Jan 10th to file this motion and I can not find this form anywhwere online. Is it even possible for her to change her sentincing?
2 Answers from Attorneys
Re: reconsideration of sentencing dicision
Hello, I just read your question and saw there was an answer, but I want to supplement that and provide a source in North Fla. should you need it. I also disagree with that answer.
You do not say which choice she made, but it seems she made one and now wants it changed. I do not know what form you are looking for.
You can file a Motion to Withdraw Plea and Set Aside the Sentence. You would have to give the State a copy and file the original with the Clerk of Court. You would need to get a hearing date for the Motion. Check with the State or with the Judge's office to find out their procedures for setting the date.
Another motion to file would be a Motion to Modify the Sentence. You could file both to increase your chances.
You probably should do everything you can to get an attorney to handle this. This is what we do all the time. It may increase her chances of winning or getting the Judge to give her a little relief.
'Hope this helps. If we can be of any assistance in North Fla. please give my office a call. Tom Rosenblum
Re: reconsideration of sentencing dicision
no you cant change it- just think if the state decided they wanted to change the deal.
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