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The Ins and Outs of Reducing a Criminal Sentence

7/31/2018

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When facing serious charges in a court of law, you could potentially be subjected to a lengthy prison term. In the event that such a prison term is levied against you, you will want to do everything in your power to have it reduced.
While not all criminal sentences can be reduced, many of them can. Wondering how to get your criminal sentence reduced in Milwaukee? This article should offer you some assistance.

When Should You Attempt to Reduce a Sentence?
When attempting to have a criminal sentence reduced, the key is to be ahead of the game.
It’s important that the effort to reduce your sentence be made before a final sentence is delivered by the judge. Attempting to reduce a sentence after it’s been delivered by a judge is typically a lost cause.
There are exceptions to this, but they typically come at the behest of the courts. For instance, if the maximum criminal penalty for a specific crime were to be reduced in the word of law, a court might then reduce the sentences of individuals who were previously convicted of this crime.

Under What Conditions Can a Sentence Be Reduced?
As noted in the introduction of this article, not all criminal sentences are open to reduction. There must be particular conditions surrounding the sentence in order for it to be reduced by a judge. We’ll discuss those conditions below.
ErrorsIn some cases, errors are made, resulting in criminal sentences that are actually illegal. If an error-laden and illegal sentence is issued, the defendant will have 14 days to argue for a reduced sentence.
Some examples of relevant errors include ambiguous sentences, sentences which are issued out of legal jurisdiction, and sentences which do not live up to the standard of law set in a particular legal jurisdiction.

Cooperation with Prosecution
If you’ve ever watched a television crime show, you may have stumbled across the concept of cooperating with the prosecution. This concept essentially entails a defendant sharing incriminating information about another defendant with the prosecution.
Cooperating defendants who share valuable information about other defendants are typically awarded with a reduced sentence. Generally, this reduced sentence can be applied for anytime within one year after the cooperating defendant’s punishment begins.

Compassionate Modifications
Every once in a while, a defendant’s sentence will be reduced because of his or her age or individual behavior. This is known in the State of Wisconsin as compassionate release, or compassionate modification.
Those who are awarded with compassionate release are prisoners who have demonstrated excellent behavior over a prolonged period of time. Federal code allows for judges to reduce the criminal sentences of convicts who have served more than 30 years of a prison sentence, and who are over the age of 70.

The Importance of a Defense Attorney in Reducing a Criminal Sentence
Fighting to have a criminal sentence reduced is a complex process. In most cases, the process will require the assistance of a defense attorney. A defense attorney will be able to speak with the prosecutor at length, discussing what can and can’t be done to reduce any penalties.
If you’re attempting to have a sentence reduced, we highly recommend that you hire a defense attorney. Looking for an experienced defense attorney in Milwaukee? You’re in the right place.
We here at Hartley Pecora have provided legal counsel for clients all over the Milwaukee area. Regardless of the nature of your case, we will fight to have your penalty reduced as much as possible.
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  • Home
  • Pushing The Limits
    • Testimonials
    • Recent Victories >
      • Results
  • Fees
  • Areas Of Practice
    • Criminal Defense
    • Drunk Driving Defense
    • Veterans
  • Attorneys
    • Christopher L. Hartley
    • Annette (Nettie) Rauch
  • Know Your Rights
  • Contact