Motions to Revise and Revoke
A good criminal defense attorney will exhaust all possible post-conviction options. This includes appeals, motions for a new trial or motions to revise or revoke. Again, the case is not over until it’s over. And even then, maybe there is something a skilled attorney can do for you.
Contact Massachusetts appeals attorney David R. Yannetti and his associates. With many years of criminal defense law experience, we can evaluate your case and determine what post-conviction methods may be used to help appeal your case. This may be a motion for a new trial or a motion to revise or revoke a judge’s sentencing. Talk to one of our experienced Boston appeals lawyers today.
Attacking Overly Harsh Sentencing: Motions to Revise or Revoke
A motion to revise or revoke does not apply to the conviction itself. It applies only to the “sentence’ the judge has handed down. Under the Massachusetts Rules of Criminal Procedure, Rule 29 allows a judge to revise or revoke a sentence if “justice may not have been done.” Again, this is not a motion for a new trial. Unlike a motion for a new trial which appeals the conviction itself, this is instead requesting a different, less severe sentence. In some situations, sentencing by a judge may appear on its face to be unnecessarily harsh or unjust.
The legal standard for a motion to revoke or revise is that information existed at the time of the sentencing that was not brought to the judge’s attention. In addition, it is the defendant’s burden to prove that if this information had been known, the judge likely would have imposed a different and less severe sentence.
Must Be Filed Within 60 Days
You must file a motion to revise or motion to revoke within 60 days after sentencing is handed down. Otherwise, it may be forever waived. The reasoning behind this requirement is that if too much time has passed since a sentencing, a judge’s recollection may not be as fresh regarding the issues — and he may rely on improper considerations, such as sympathy or post-conviction events. Before assuming that you are precluded from this option, however, contact one of our attorneys today.