Plumides, Romano, and Johnson, PC

Plumides, Romano, and Johnson, PC

  • FacebookFacebook
  • LinkedInLinkedIn
  • YoutubeYoutube
  • TwitterTwitter
  • Google My BusinessGoogle My Business
  • 704-333-9900
  • Home
  • Our Team
    • Gregory Plumides
    • Michael Romano
    • Richard B. Johnson
    • David M. Krusch
    • Clint Davis
    • Toni Primiano
    • Alan Krusch
    • Edward S. (“Ted”) Shapack
    • Our Staff
    • Our History
  • Practice Areas
    • Family
      Law
    • Criminal Defense
    • Personal Injury
    • Workers Compensation
  • Education Library
    • Family Law FAQ
      • Child Support Calculator
    • Criminal Defense FAQ
    • Personal Injury FAQ
    • Workers Compensation FAQ
    • Video Center
  • Testimonials
  • Blog
  • Contact

Correcting or reducing federal sentences using Rule 35

June 6, 2018

In the federal criminal justice system, mistakes are sometimes made in the sentencing of convicted individuals. According to part A of Rule 35, the court can reduce or correct sentences when there are technical, mathematical or other clear errors. Changes must be made within 14 days of the sentencing. In this rule, sentencing is defined as the oral announcement of the sentence. Rule 35 applies to federal courts in all jurisdictions, including North Carolina.

Part B of Rule 35 allows for changes to sentences when the defendant offers substantial assistance. For example, a defendant could provide information that helps in the investigation of another criminal. Defendants can provide substantial assistance through testimony, information and other means. In general, the motion must take place within one year of sentencing, but exceptions can be made in a variety of circumstances.

The court can reduce a sentence more than a year after sentencing if new information becomes available to the defendant, the government finds new use for old information provided by the defendant or the defendant immediately provides information as soon as they become aware of its usefulness. In these cases, the court is allowed to reduce the defendant’s sentence below mandatory minimums.

Rule 35 is one of many rules that affect post-conviction procedures in federal courts. When a lawyer creates a criminal defense strategy for their client, it’s important to advocate for their best interests even if they are found guilty. This may mean discovering and correcting errors in sentencing or helping the client provide substantial assistance in the investigation or prosecution of another suspect. The attorney should be aware of all amendments to Rule 35 and relevant applications in case law.

Recent Posts

  • Child custody decisions can be affected by living arrangements
  • Can a DWI Affect My Child Custody Case?
  • Workplace and Divorce
  • I Lost My License – How Am I Supposed to Get to Work?
  • When Divorce Mediation Isn’t Appropriate

Categories

  • Blog (28)
  • Child Custody (20)
  • Criminal Defense (26)
  • Divorce (58)
  • Domestic Violence (6)
  • Drug Charges (14)
  • Drunk Driving Charges (18)
  • Family Law (8)
  • Felonies (6)
  • Firm News (1)
  • High Asset Divorce (17)
  • Marriage – Pre-nup (8)
  • Traffic violation (2)

Archives

  • August 2021 (14)
  • July 2021 (2)
  • June 2021 (2)
  • May 2021 (1)
  • April 2021 (11)
  • February 2019 (1)
  • December 2018 (1)
  • November 2018 (2)
  • October 2018 (2)
  • September 2018 (5)
  • August 2018 (5)
  • July 2018 (5)
  • June 2018 (9)
  • May 2018 (3)
  • April 2018 (6)
  • March 2018 (6)
  • February 2018 (5)
  • January 2018 (6)
  • December 2017 (5)
  • November 2017 (7)
  • October 2017 (4)
  • September 2017 (2)
  • August 2017 (5)
  • July 2017 (3)
  • June 2017 (4)
  • May 2017 (3)
  • April 2017 (3)
  • July 2015 (2)
  • June 2015 (2)
  • May 2015 (2)
  • April 2015 (2)
  • March 2015 (3)
  • February 2015 (2)
  • January 2015 (2)
  • December 2014 (3)
  • November 2014 (2)
  • October 2014 (2)
  • September 2014 (2)
  • August 2014 (2)
  • July 2014 (2)
  • June 2014 (2)
  • May 2014 (2)
  • April 2014 (2)
  • March 2014 (2)
  • February 2014 (2)
  • January 2014 (2)
  • December 2013 (1)

What our clients are saying

Mr. Romano is an amazing family law attorney.  He has been my attorney for over 5 years and I have never been disappointed.  His experience and expertise in Family law, in my opinion, supersedes all others in the field.  Mr. Romano and his team are very knowledgeable, thorough, professional, and personable. I highly recommend Mr. Romano and his team without reservations. If you're in need of a Family law attorney, Mr. Romano is your guy!
-Ivette C
You never know all the questions you should ask so it was a blessing that they listened and provided plenty of recommendations as well as assisted with claim, deeds etc. They know what to expect and provided a service without being pushy and will go at a pace you want and explain the laws so that you can understand all the legal speak.
-Paul S

CONTACT US

You deserve to have a skilled legal advocate on your side who will protect your best interests. We will do just that.

To schedule a consultation, please call our office in Charlotte at 704-333-9900, or contact us online. Plumides, Romano & Johnson

2115 Rexford Road, Suite 320 Charlotte NC 28211
704-333-9900
704-358-0536

 

charlotte-family-divorce-separation-alimony-childsupport-dui-dwi-defence-trial-attorneys

Plumides, Romano & Johnson, PC

Explore

  • Home
  • Our Team
  • Practice Areas
  • Contact Us

Resource

  • Education Library
  • Testimonials
  • Blog
  • Sitemap

Follow

  • Facebook
  • LinkedIn
  • Youtube
  • Twitter
  • Google My Business

Legal

  • Disclaimer
  • Privacy
704-333-9900
CONTACT US
2115 Rexford Road, Suite 320 Charlotte NC 28211

Child Support Calculator
x