It has been held that a court of original general jurisdiction has plenary power (complete power) over its judgments during the term at which they were rendered, and that the court may modify a sentence during that term by reducing the punishment to be served. However, some authorities have held that when a valid judgment and sentence have been rendered, the court has no jurisdiction, after the sentence has been executed in whole or in part, to set it aside and impose a new sentence. A state statute may provide authority for the reduction of a sentence in compliance with the statute's terms.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A Hawaii Affidavit by Attorney for Defendant in support of a Motion for Reduction of Sentence for Defendant's Assistance with Another Prosecution is a legal document filed by the attorney representing the defendant in a criminal case. This affidavit seeks to demonstrate to the court the defendant's substantial assistance in another prosecution, thereby justifying a reduction of their sentence. The affidavit is a crucial tool used by the defendant's attorney to persuade the court to consider a lesser sentence for their client. It outlines the specific assistance provided by the defendant to the prosecution in another case and emphasizes how valuable this assistance has been to the overall pursuit of justice. This document provides a detailed account of the defendant's cooperation, such as providing information, testifying as a witness, or helping to gather evidence against other individuals involved in criminal activities. The attorney highlights the significance of the defendant's assistance, emphasizing the impact it has had on the prosecution's ability to proceed effectively. By filing this affidavit, the attorney aims to convince the court that the defendant's cooperation warrants a reduction in their sentence. The attorney may cite specific provisions of the law, previous legal precedents, and relevant case examples to strengthen their argument. It is important for the attorney to present a compelling narrative that showcases the defendant's willingness to collaborate and contribute to the criminal justice system. Types of Hawaii Affidavits by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution may include: 1. Affidavit Detailing Defendant's Testimony and Information: This affidavit focuses on the defendant's willingness to testify or provide relevant information that significantly assists the prosecution's case against other defendants. 2. Affidavit Highlighting Defendant's Assistance in Gathering Evidence: In this affidavit, the attorney accentuates the defendant's active role in helping investigators collect crucial evidence, leading to successful prosecution in a separate case. 3. Affidavit Demonstrating Defendant's Assistance in Identifying and Apprehending Co-conspirators: This type of affidavit emphasizes the defendant's role in identifying and aiding in the apprehension of individuals involved in criminal activities, contributing to the overall success of the prosecution. 4. Affidavit Detailing Defendant's Assistance in Planning and Execution of a Sting Operation: This affidavit focuses on the defendant's involvement in assisting law enforcement by participating in a sting operation, ultimately leading to the capture and prosecution of multiple offenders. In summary, a Hawaii Affidavit by Attorney for Defendant in support of a Motion for Reduction of Sentence for Defendant's Assistance with Another Prosecution is a powerful legal document that aims to persuade the court to lower the defendant's sentence based on their valuable cooperation. The affidavit should provide a comprehensive account of the defendant's active involvement in assisting the prosecution, showcasing their commitment to justice and potentially leading to a favorable outcome.
