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Rule 35 Motion for Sentence
Reduction
One
way that a defendant in Federal court can reduce or lower
their sentence is by “cooperating” with the government. If the
defendant has already been sentenced, and decides to cooperate
and provide substantial assistance, the government will ask
the court for a sentence reduction, commonly called a
“Rule 35 Motion”.
The Federal
Rules of Criminal Procedure have a rule for reduction of a
sentence, section 3553(b) generally referred to as a “Rule 35
Motion”, in which upon the Government makes a motion for a
defendant to the court to have the sentence reduced, if after
sentencing the defendant has provided substantial assistance
in investigating or prosecuting another person.
If the
defendant is in prison, usually they will do what is called
“third party cooperation”, in which a third party that isn’t
in prison will cooperate on behalf of the defendant in prison.
A lot of times a family member or friend will have information
or will get information, from a consulting service like here -
that is believed to be ongoing criminal activity. Then, they
will work with the government, whether it is the DEA, FBI
or IRS, and show them the target and let the government know
how they can assist in the arrest of such targets. The
government will guide and instruct the third party on how they
want the deal to take place and arrange and coordinate
everything. Our consulting firm can handle all of this for
you, and work with you through the whole process.
After
“substantial assistance” is provided to the government for a
particular defendant, usually by a third party, then the
prosecutor for the government will file a Rule 35 Motion and
request a sentence reduction. The Judge has ultimate say in
what the defendant receives off, but the prosecutor will make
a recommendation. There are a few factors in how much time is
taken off. Some of these will be, the defendants - underlying
criminal charges, amount of assistance provided, amount of
time of original sentence, criminal history, behavior in
prison etc. There is no magic formula on how to determine the
amount of time given off, but around 1/3 is about the non
scientific average. This can vary greatly.
Once you have
hired our consulting service, we can do all this for you and
walk you through the whole process. We will make sure you the
client remains confidential and ultimately that you receive
the biggest sentence reduction possible. We specialize in
“third party assistance” for the purpose of getting a Rule 35
Motion filed on your behalf. Please contact us so we can
explain how our services work.
Call now for a free
consultation
(561)313-9708 |
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