#SAMPLE MOTION FOR RECONSIDERATION OCGA CODE#
#SAMPLE MOTION FOR RECONSIDERATION OCGA FREE#

Schedule a free consultation today by calling 30 or filling out this online form. Let our criminal defense attorneys file a motion for reconsideration and prove that the punishment does not fit the crime. If you have been convicted of a crime, speak to the criminal defense attorneys at Reisch Law Firm. If you are appealing the verdict, the motion for reconsideration must be filed within 126 days after the appellate court’s decision. If you are not appealing the verdict, the motion for reconsideration must be filed within 126 days after sentencing. When Can a Motion For Reconsideration Be Filed?ĭefendants must move quickly if they would like to ask the judge to reconsider their sentence. It’s up to the judge to review the defendant’s request and determine if he deserves a lighter sentence. Other defendants file a motion if they believe they have been rehabilitated and deserve another chance. In most cases, defendants choose to file a motion for reconsideration if they believe the penalties imposed upon them were unfair. Any defendant who has been convicted and sentenced is eligible to file a motion for reconsideration, regardless of the severity of their sentence. Many defendants think they can only file a motion for reconsideration if they have been sentenced to prison, but that’s not the case. Who Can File a Motion For Reconsideration? If the judge agrees, the defendant’s sentence can be lightened. He can argue that since this was his first criminal conviction, he does not deserve the maximum penalty. Motion for Reconsideration Rules: A motion for reconsideration must be made to the same judge who made the original order. The defendant can file a motion for reconsideration and ask the judge to reconsider the original sentence. A motion for reconsideration must be made within ten (10) days after service of the notice of entry of the order or ruling to be reconsidered. Movant would show the Court that after making the.

The judge sentences the defendant to one year in jail, which is the maximum penalty for first-time DUI defenders. Plaintiff, United States of America, moves the Court for an order directing the Clerk of the Court to make the following disbursement (s) out of funds not in the registry of the Court to the credit of Tract No. Here’s what you should know about filing a motion for reconsideration:Ī defendant who has been convicted and sentenced for a crime can file a motion for reconsideration if he would like to ask the judge for a lighter sentence.įor example, let’s say a defendant is convicted of driving under the influence (DUI). Fortunately, defendants may have one more chance to fight for a lighter sentence. However, these attempts are not always successful. During the sentencing hearing, the defense can attempt to persuade the judge to impose the lightest sentence possible on the defendant. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.Defendants who are convicted of a crime can face a number of different penalties, including incarceration, fines, probation, and community service. The authorities cited in this At A Glance Guide are current as of the publication date. CCP § 1008(a).Ī motion for reconsideration must be accompanied by a declaration describing the previous application, identifying the judge to whom the application was made, what orders or decisions were made on the previous application, and what new or different facts, circumstances or law are claimed to exist. CCP § 1008(a).Ī motion for reconsideration must be based on new or different facts, circumstances or law. CCP § 1008(a).Ī motion for reconsideration must be made to the same judge who made the original order. For a more detailed treatment, including local rules, please see the California Superior Court SmartRules Guides: Motion for Reconsideration, Opposition to Motion for Reconsideration and Reply in Support of Motion for Reconsideration.Ī motion for reconsideration must be made within ten (10) days after service of the notice of entry of the order or ruling to be reconsidered.

#SAMPLE MOTION FOR RECONSIDERATION OCGA CODE#

Use this “At A Glance Guide” to learn the California statewide rules of civil procedure (California Code of Civil Procedure) applicable to a motion for reconsideration.

Sample motion for reconsideration ocga