Q: Can a motion to modify sentence be filed after a denial of a appeal?
My brother was denied appeal last month we I want to know can he put in for a sentence reduction
A:
Yes, after the denial of an appeal, it is still possible to file a motion to modify a sentence, though the specifics can vary depending on the jurisdiction and the particulars of the case. This motion asks the court to reconsider the length or terms of the original sentence.
It's important to note that such motions are typically subject to strict time limits and specific procedural requirements. The success of a motion to modify a sentence often depends on demonstrating a change in circumstances or new evidence that wasn't considered in the original sentencing.
It's essential to consult with an attorney who can evaluate the specific details of your brother's case and advise on the feasibility and process of filing such a motion. An attorney can also help you understand the legal grounds that might support a sentence modification in your brother's situation.
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