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.
An affidavit is a legal document that is used to present evidence or information in a court of law. In the case of Michigan, an Affidavit by an Attorney for the Defendant in Support of a Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution serves a specific purpose. This particular affidavit is designed to request a reduction of sentence for a defendant who has provided assistance in another prosecution. When a defendant has been involved in a separate criminal case and has provided valuable information or cooperation that contributes to the successful prosecution of another individual, their attorney can submit this affidavit to the court. The purpose of this document is to persuade the court to consider the defendant's assistance as a mitigating factor in their sentencing, with the hope of obtaining a reduced sentence. This Michigan affidavit by the attorney for the defendant in support of a motion for reduction of sentence contains crucial information that highlights the defendant's actions, cooperation level, and the impact of their assistance on the other prosecution. It provides a detailed account of the defendant's cooperation, including any evidence they have provided, witness testimonies they have offered, or any other substantial assistance they have rendered throughout the process. The affidavit emphasizes the significance of the defendant's assistance and outlines how their actions have aided in securing a successful conviction or plea bargain in the separate case. It is important to note that there may be different types or variations of this Michigan affidavit, depending on the specific circumstances of the case. For instance, if the defendant's assistance involves providing substantial information regarding a high-profile case or a harmful criminal organization, it may be termed as a "High-Profile Case Michigan Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution." Alternatively, if the defendant's assistance is related to a specific crime category, such as drug trafficking or organized crime, it may be called a "Specialized Crime Michigan Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution." In summary, the Michigan affidavit by an attorney for the defendant in support of a motion for reduction of sentence for defendant's assistance with another prosecution is a crucial document that seeks to convince the court to reduce a defendant's sentence based on their valuable cooperation in a separate criminal case. Whether it pertains to high-profile cases or specialized crimes, this affidavit serves to highlight the substantial assistance provided by the defendant and its positive impact on the outcome of the other prosecution.
