Q: What do I need to file with the courts, in order to have my case placed on the judges calendar for a sentence reduction?
When I was sentenced my judge told me after probation to come back and see him and he would ammend my charge. Charge is from 2015 I completed probation in 2020. I have called the clerks and they say I have to file something in order to have my case placed on the calender, and also that I have to send the same form to the prosecutors office. From my understanding of the statute, the prosecutor doesn't have a say in the matter after 5 years from the time of the offense. Either way, I just need to see my judge and get this behind me so life can move on.
Also, how do I actually file such a thing? Do i mail it to the courthouse addresses to my judge? Or personally take it to courthouse? I live in Boise, but the case is from Bonneville County (Idaho Falls)
A:
In Boise, Idaho, where I practice, it is sometimes necessary for me to call repeatedly the Clerk and ask that she give me a court date. However, it is ALWAYS after I have filed a MOTION FOR DISMISSAL OF CHARGES, pursuant to URCRP Rule 42 for dismissal. Here's a suggestion:
1. Draft a MOTION FOR DISMISSAL, pursuant to URCRP 42. Give a complete, brief recitation of the facts of the procedure, such as
a. On July 1, 2013, I was convicted of _________________.
b. However, I was told at sentencing, by this Court, that should I finish my probation in good stead, and found to have never been accused of, charged with, or convicted of violating my probation, that I might petition this Honorable Court to DISMISS the charges.
2. Now, some ______ months/years later, the Defendant now stands before this Court to proclaim that at no time, during his probation did the Defendant violate, be charged with or convicted of violating his probation and has governed himself in all respects in an honorable way, and is worthy of his case being dismissed (or for leniency).
Wherefore, the Defendant prays the relief from the Court to DISMISS the charges against him and to administer unto him the Court's ability to restore his civil rights and his good name.
Dated this _____ day of January, 2023.
______________________________
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