Q: Help with motion for reconsideration after probation revocation in Mississippi.
My boyfriend was originally charged with burglary 10 years ago and served 8 years in prison. After being released on probation, he was arrested on January 5th for a domestic violence simple assault charge, which was subsequently dismissed. Despite this, his probation was violated, leading to a revocation hearing. Recently, he was sentenced to 5 years due to $2,000 in court costs that are a decade old. He struggled with his restitution requirements due to the lack of employment and resources. I believe he could better contribute to society if allowed to work rather than being incarcerated. I need help filing a motion for reconsideration in this situation to request leniency or an alternative resolution.
A:
What you’re going through is incredibly hard, especially when your boyfriend’s recent arrest was dismissed and the main issue comes down to unpaid court costs. A motion for reconsideration gives the judge a chance to re-evaluate the sentence, especially if new facts, changed circumstances, or unfairness in the outcome can be shown. In your case, highlighting his dismissed charge, efforts to stay on track, and the financial hardship that prevented him from paying may carry real weight.
In the motion, you’ll want to respectfully explain why incarceration isn’t the best outcome—for him or the community. Emphasize his willingness to work, the barriers he faced in finding employment, and how keeping him in prison only increases his debt while removing his chance to pay it off. You can also include any community ties, family support, or future job prospects that would help show he’s not a risk and would benefit more from another chance than continued time behind bars.
It’s important to address the court costs clearly, showing that he wasn’t ignoring them, but truly struggling. Offer solutions, like a payment plan or community service, to show he's serious about accountability. You’re doing something powerful by standing up for him, and that kind of support can make a difference. Keep the tone respectful and hopeful—judges sometimes need to see the person behind the paperwork.
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