Legal Question in Criminal Law in Colorado

What are the chances of Motion of Reconsideration being approved?

My husband plead guilty to forgery (the DA told him that by doing so would not require jail but probation and fine)then the judge sentenced him to two years. He is in the county jail and has been approved for community service work release, but that can take an additional six weeks. Would he get credit for time served? He now has a Public Defender and he has filed a motion for reduction in sentence and/or reconsideration before the judge. He told my husband that since he had had no legal representation when he plead, the fact that the judge sentenced him was not exactly proper. Is this true? How much do letters from my husband's family weigh with the judge? What are the chances of this charge and time served (13 weeks so far)be taken into account and reduced or even removed?

Asked on 9/03/02, 3:50 am

2 Answers from Attorneys

Richard B. Huttner Richard B. Huttner, P.C.
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Re: What are the chances of Motion of Reconsideration being approved?

It is always worth a try. If the Defendant has done a substantial amount of time, a mortion to reconsider is always possible. The fact that he was not represented by an attorney doesn't make it automatic but an attorney is always a good idea when faced with the potential of jail. He will get credit for time served. Make sure the motion to reconsider tells about the lack of work release.

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9/03/02, 10:26 am
David Diamond Diamond & Associates
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Re: What are the chances of Motion of Reconsideration being approved?

What court is this out of? Does he have any priorts? Letters from the family don't weigh as much as co-workers, employers, etc. Please contact my office at 310/277-1707 so that we can further discuss your options.

Sincerely,

Lawrence Wolf, Esq.

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9/03/02, 3:08 pm

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