Galax, VA asked in Criminal Law for Virginia

Q: What takes so long on a motion to amend a sentence, after it's been filed the clerk said the judge hasn't decided

My husband was sentenced to 22 months on a felony charge on Feb 28 2017 he has been in jail since he was indicted on June 21st 2016 he completed the drug program in his jail and is now on trustee his lawyer filed a motion to amend and we have still not received a court date for a hearing or a denial letter his lawyer is super mean to me when I call to ask about so I guess what I want to know does he even have a lot of time left and what could be taking so long on the motion

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2 Lawyer Answers
Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: It sounds like you are asking about a motion for reconsideration, which is filed after the defendant is sentenced. Many lawyers will not speak to family members because they don't have their client's permission AND because anything the lawyer says to non-defendants is not attorney-client privileged. I suggest you have your husband write a letter to his lawyer asking if the motion was filed, the date it was filed and when a hearing can be expected. (In the jurisdictions I appear in, more than 60 days from filing a motion for reconsideration without receiving something from the Judge's law clerk is unheard of. )

Susan Fremit
Susan Fremit
Answered
  • Criminal Law Lawyer
  • Spotsylvania, VA
  • Licensed in Virginia

A: It sounds like you are asking about a motion for reconsideration, which is filed after the defendant is sentenced. Generally, an attorney hears from the Judge's law clerk within 60-90 days after filing the motion whether a hearing will be granted. Most lawyers will not speak to the defendant's family because only conversations with clients are attorney-client privileged and frequently they do not have their client's permission. I suggest you ask your husband to send a letter to his attorney, asking if the motion was filed, the date it was filed and when a hearing can be expected.

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