In State court, Florida Statutes § 921.186 allows the prosecutor to file a motion with the court seeking to reduce or suspend a sentence already imposed in a felony case based on the defendant’s cooperation with the state. That cooperation has to lead to the “identification, arrest, or conviction of any of the defendant’s accomplices, accessories, coconspirators, or principals, or of any other engaged in criminal activity that would constitute a felony. This gives defendants serving jail time two bites at the sentencing reduction apple. First, they can cooperate against anyone who was involved in the same criminal activity that resulted in their conviction and sentence. Second, they can provide information about different or new crimes. Section 921.186 is very similar to Federal Rule of Criminal Procedure 35.
Monday, August 24, 2015
GETTING A REDUCTION OF SENTENCE AFTER IMPOSITION OF SENTENCE BASED ON SUBSTANTIAL ASSISTANCE -State
In State court, Florida Statutes § 921.186 allows the prosecutor to file a motion with the court seeking to reduce or suspend a sentence already imposed in a felony case based on the defendant’s cooperation with the state. That cooperation has to lead to the “identification, arrest, or conviction of any of the defendant’s accomplices, accessories, coconspirators, or principals, or of any other engaged in criminal activity that would constitute a felony. This gives defendants serving jail time two bites at the sentencing reduction apple. First, they can cooperate against anyone who was involved in the same criminal activity that resulted in their conviction and sentence. Second, they can provide information about different or new crimes. Section 921.186 is very similar to Federal Rule of Criminal Procedure 35.
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