Legal Question in Criminal Law in Virginia

what is a motion for reconsideration and what are the time guidelines for filing one to havea judge reconsider the length of the sentence

Asked on 9/16/09, 12:39 pm

1 Answer from Attorneys

sheryl shane sheryl shane, attorney at law
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There is a short time for motion to reconsider to be filed at the lower courts ie. general district court and juvenile and domestic court. I suggest you hire an attorney to learn what must be done. If not filed in the correct time frame - you may be forever barred from filing the motion. Also, if you file an appeal - a person's right to file for a reconsideration may be cut off. The circuit court will usually allow a motion to reconsider in a criminal case until they lose jurisdiction ie. client transferred to different jail or prison. But do not take that as a guarentee. Hire an attorney quickly if you want a reconsideration. There may be many circumstances to bar you from action if not done quickly. One never knows what may come up. There are many factors to take into account. If you want a judge to take the time to reconsider - move on it quickly.

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Answered on 9/21/09, 6:03 pm

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