2d DCA 2013), the court found that a “rule 3.800(c) motion is considered filed when entrusted to prison officials for further delivery or processing.” When an attorney files the motion, it is considered filed when it is received by the clerk’s office. The court maintains jurisdiction to hear a timely filed motion to mitigate under rule 3.800(c) even if the motion is filed within hours prior to the expiration of the sixty-day time frame. These motions must be filed within 60 days after the sentence is imposed or after the trial court receives the appellate mandate from the direct appeal. When Must the Motion to Reduce or Modify the Sentence Be Filed? If you were sentenced harshly by the trial court and believe there are grounds to reduce or modify the sentence, then contact an experienced criminal defense attorney at Sammis Law Firm to discuss your case. With offices in Tampa in Hillsborough County and New Port Richey in Pasco County, FL, our attorneys represent clients throughout the greater Tampa Bay area. We can also file a motion to extend the time the court has to rule on the motion or reach an agreement with the prosecution on extending the time. We can help you file a motion for the reduction of your sentence within the sixty-day window after your sentencing or mandate. For these reasons, there is little downside to filing the motion.Īn attorney must act quickly to find additional information that can be presented to the court. So relief under Rule 3.800(c) is not available when the trial judge has imposed the minimum mandatory sentence or has no sentencing discretion.Īfter hearing the motion, the judge cannot impose a more onerous sentence as explained in the committee notes in Florida Rule of Criminal Procedure 3.800(c). Keep in mind that after the motion is filed, the trial judge cannot reduce the sentence to one which could not have been originally imposed. These motions are also common in violation of probation cases when a negotiated plea is rare. The sentence might be unexpectedly harsh because it was after an open plea without any negotiated terms. In many cases, it makes sense to file a motion to reduce or modify a sentence, especially when the court imposes a sentence that was unexpected. Attorneys for a Motion to Reduce Sentence in Tampa, FL The rule now gives the court 90 days from the date the motion is filed to enter a ruling, although that time can be extended by agreement of the parties or as extended by the trial court.īecause of these strict timelines, you need an attorney who can help you file all of the appropriate motions, schedule the hearing on the motion quickly, and appear with you at the hearing so that additional information can be presented to the court about why it is in the interest of justice to reduce or modify the sentence. The rules were recently amended to clarify the timeline for the court ruling on a timely filed motion. The motion can also be filed within 60 days of the date the mandate is returned for a direct appeal to a higher court. Under Florida Rule of Criminal Procedure 3.800(c), the defendant is permitted to file a motion asking the trial court to reduce or modify their sentence, but the motion must be filed within 60 days of the sentencing. These motions appeal to the discretion of the sentencing court under rule 3.800(c), but do not allege any error or otherwise seek correction of the judgment and sentence under Florida Rule of Criminal Procedure 3.800(b)(1). The motion to modify or reduce the sentence asks the trial court to reconsider its earlier sentence in light of pertinent facts, such as the possible sentencing range and the nature of the charges, as well as the effect the sentence will have on the defendant’s family and the cost of incarceration. The motion is often filed in conjunction with other motions including a motion to correct an illegal sentence, a motion for reconsideration, a motion for rehearing, or a notice of appeal. The motion to reduce or modify the sentence is filed under Florida Rule of Criminal Procedure 3.800(c). After being sentenced, the defendant must act quickly when seeking a motion to reduce or modify the sentence.
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