This is a petition for commutation of sentence. Commutation is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself.
Virginia Petition for Commutation of Sentence
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How to fill out Petition For Commutation Of Sentence?
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FAQ
On appeal, the appellate court can overturn a sentence if it determines two things. These are: that the trial court committed some type of legal error, and, that the error ?prejudiced? a party.
Commutation of Sentence A Commutation of Sentence may adjust an applicant's penalty to one less severe but does not restore any civil rights, and it does not restore the authority to own, possess, or use firearms.
To ?commute a sentence? is the power to substitute a sentence imposed by the judiciary for a lesser sentence. In other words, it means the power to reduce or lessen a sentence resulting from a criminal conviction. For example, a ten-year sentence may be commuted to a five-year sentence.
A motion to reconsider is a way for someone to request that the court to review their sentence after their trial is over, when the sentencing order may otherwise be final. The motion must be submitted in writing and there is no explicit time frame the court must follow in granting or denying the motion.
Sentence Reconsideration and Time Reductions Section 19.2 - 303 of the Code of Virginia allows a Circuit Court Judge to modify the sentence of a person convicted of a felony before or within 60 days of actual admission to a Department of Corrections facility.
Commutation, in law, shortening of a term of punishment or lowering of the level of punishment. For example, a 10-year jail sentence may be commuted to 5 years, or a sentence of death may be commuted to life in prison.
Under the law, you are required to serve 85 percent of a non-mandatory felony sentence. How much of the 15 percent credit you receive would depend on the policies of the individual jail. Many in Virginia will give an inmate the full 15 percent credit while a few may not give as much credit.
For example, if the court grants probation where the penal codes governing that crime might not support probation as a penalty, the court has to modify by issuing a sentence that is supported by the law.