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.
Maryland Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution In the state of Maryland, an affidavit by an attorney for a defendant can serve as crucial evidence in support of a motion for reduction of sentence. This particular type of affidavit is specifically utilized when the defendant has provided valuable assistance with another prosecution. Through this affidavit, the attorney establishes the defendant's significant contribution to the pursuit of justice, ultimately requesting a reduction of their sentence as a result. The Maryland Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution — Modify is a versatile legal document that can be tailored to different contexts within the criminal justice system. Based on the circumstances of the defendant's cooperation, there are various types and modification of this affidavit that can be used. Some of these tailored affidavits may include: 1. Maryland Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Testimony: This affidavit highlights the defendant's willingness to provide testimony, crucial information, or evidence that aids in the investigation or prosecution of another individual or case. It highlights the defendant's invaluable contribution to securing a conviction or obtaining crucial evidence, therefore justifying a reduction in their own sentence. 2. Maryland Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Cooperation in an Ongoing Investigation: This affidavit focuses on the defendant's proactive engagement in aiding law enforcement officials or prosecutors in an ongoing investigation. It emphasizes the defendant's efforts to assist in gathering evidence, identifying key individuals, or providing valuable insights, all of which significantly contribute to the successful resolution of the case at hand. 3. Maryland Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Informant Work: This affidavit highlights the defendant's involvement as an informant, cooperating closely with law enforcement agencies to uncover and dismantle criminal organizations or activities. It underscores the defendant's role in providing critical insights, undercover work, or privileged information, which consequently leads to the successful prosecution of high-profile cases. 4. Maryland Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance in a Pre-Trial Diversion Program: This affidavit pertains to defendants who, instead of proceeding to trial, actively participate in a pre-trial diversion program. The affidavit outlines the defendant's adherence to the program's requirements, such as attending counseling, community service, or rehabilitation programs. It emphasizes the defendant's commitment to their rehabilitation and potential for future positive contributions to society, thereby warranting a reduction in their sentence. These are just a few variations of the Maryland Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution — Modify. Each modification aims to showcase the defendant's invaluable assistance and cooperation, ensuring that the court considers their contribution when determining an appropriate reduction of their sentence.
