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Mississippi Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify

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US-02238BG
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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 Mississippi Affidavit by Attorney for Defendant is a legal document that is used to support a motion for the reduction of a defendant's sentence based on their assistance with another prosecution. This Affidavit is submitted by the defendant's attorney and serves to persuade the court to grant a reduction in the defendant's sentence based on their valuable cooperation. In modifying the Mississippi Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution, there are several types or variations that can be considered: 1. Mississippi Affidavit by Attorney for Defendant — Detailed Account: This type of affidavit provides a comprehensive and detailed account of the defendant's assistance in another prosecution. It includes specific details such as the nature of the crime, the significance of the information provided, and the overall impact of the defendant's cooperation. This variation is suitable when the defendant's assistance has had a substantial influence on the outcome of the other prosecution. 2. Mississippi Affidavit by Attorney for Defendant — Expert Testimony: In certain cases, the defendant's assistance may involve providing expert knowledge or testimony that contributes to the successful prosecution of another individual. This type of affidavit highlights the defendant's expertise and the credibility of their assistance in supporting the motion for a sentence reduction. It includes details of the defendant's qualifications, their role as an expert witness, and the importance of their testimony in the other case. 3. Mississippi Affidavit by Attorney for Defendant — Timeliness and Extent of Assistance: This variation focuses on the timeliness and extent of the defendant's assistance with another prosecution. It emphasizes the defendant's early willingness to cooperate, the proactive nature of their involvement, and the extent to which they have cooperated. The affidavit highlights how the defendant's assistance has saved time, resources, or contributed to a quicker resolution of the separate case. 4. Mississippi Affidavit by Attorney for Defendant — Positive Impact on Community: In some instances, the defendant's assistance may have a positive impact on the community or society at large. This type of affidavit emphasizes the broader implications of the defendant's cooperation, such as removing dangerous criminals from the streets, dismantling criminal organizations, or preventing future crimes. It highlights the defendant's commitment to rehabilitation and their potential for contributing positively to society with a reduced sentence. In summary, a Mississippi Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution can be modified to reflect the specific details, expertise, timing, extent, or community impact of the defendant's assistance. By tailoring the content to match the unique circumstances of the case, the affidavit becomes a compelling argument for the court to consider reducing the defendant's sentence.

A Mississippi Affidavit by Attorney for Defendant is a legal document that is used to support a motion for the reduction of a defendant's sentence based on their assistance with another prosecution. This Affidavit is submitted by the defendant's attorney and serves to persuade the court to grant a reduction in the defendant's sentence based on their valuable cooperation. In modifying the Mississippi Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution, there are several types or variations that can be considered: 1. Mississippi Affidavit by Attorney for Defendant — Detailed Account: This type of affidavit provides a comprehensive and detailed account of the defendant's assistance in another prosecution. It includes specific details such as the nature of the crime, the significance of the information provided, and the overall impact of the defendant's cooperation. This variation is suitable when the defendant's assistance has had a substantial influence on the outcome of the other prosecution. 2. Mississippi Affidavit by Attorney for Defendant — Expert Testimony: In certain cases, the defendant's assistance may involve providing expert knowledge or testimony that contributes to the successful prosecution of another individual. This type of affidavit highlights the defendant's expertise and the credibility of their assistance in supporting the motion for a sentence reduction. It includes details of the defendant's qualifications, their role as an expert witness, and the importance of their testimony in the other case. 3. Mississippi Affidavit by Attorney for Defendant — Timeliness and Extent of Assistance: This variation focuses on the timeliness and extent of the defendant's assistance with another prosecution. It emphasizes the defendant's early willingness to cooperate, the proactive nature of their involvement, and the extent to which they have cooperated. The affidavit highlights how the defendant's assistance has saved time, resources, or contributed to a quicker resolution of the separate case. 4. Mississippi Affidavit by Attorney for Defendant — Positive Impact on Community: In some instances, the defendant's assistance may have a positive impact on the community or society at large. This type of affidavit emphasizes the broader implications of the defendant's cooperation, such as removing dangerous criminals from the streets, dismantling criminal organizations, or preventing future crimes. It highlights the defendant's commitment to rehabilitation and their potential for contributing positively to society with a reduced sentence. In summary, a Mississippi Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution can be modified to reflect the specific details, expertise, timing, extent, or community impact of the defendant's assistance. By tailoring the content to match the unique circumstances of the case, the affidavit becomes a compelling argument for the court to consider reducing the defendant's sentence.

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Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...

Under the speedy trial statute, the prosecution has 270 days AFTER arraignment to bring a case to trial; however, under the Mississippi and U.S. Constitutions, that time frame can be significantly shorter.

Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.

(a) When a defendant has been detained in custody or held to bail for the defendant's appearance to answer any criminal accusation, the prosecution, unless otherwise ordered by the court, for good cause shown, supported by affidavit, shall be dismissed and the bail discharged, if indictment or information be not ...

A: Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if evidence has been lost ...

Arraignment, unless waived by the defendant, shall be held within thirty (30) days after the defendant is served with the indictment. When arraignment cannot be held within the time specified because the defendant is in custody elsewhere, it shall be held as soon as possible.

Chapter 17 - Trial. § 99-17-1. Indictments to be tried within 270 days of arraignment. Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

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Attached is a copy of the Court's sentencing order, or modified order, along with affidavits showing that the DEFENDANT failed to comply. WHEREFORE, I ... The person making such motion shall state by affidavit that the plaintiff is a nonresident of the state and has not, as affiant believes, sufficient property in ...(2) file with the court an original certificate of service certifying that a correct copy of the pleading, motion, or application to the court has been served ... Search for national federal court forms by keyword, number, or filter by category. Forms are grouped into the following categories: Attorney, Bankruptcy, Civil, ... After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact ... Jun 23, 2023 — The motion must be accompanied by an affidavit signed by the defendant or prosecuting attorney. The affidavit must set forth facts supporting ... Instructions to Defendant. 1. Fill out 3 copies of this form, and file 2 copies with the Clerk at the court where you were sentenced. Upon the government's motion made within one year of sentencing, the court may reduce a sentence if the defendant, after sentencing, provided substantial ... Oct 10, 2023 — To determine the amount of restitution to be ordered, the U.S. Probation Office gathers financial loss information from the investigative agent( ... (A) On motion of defendant supported by affidavit; or. (B) On motion of the attorney for the state or the court if: (i) The defendant expressly consents;. (ii) ...

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Mississippi Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendant's Assistance with another Prosecution - Modify