The criminal justice system can be a daunting and emotional experience for anyone. This is especially true for those who are going through it for the first time. Not knowing what to expect or what will happen next can be very stressful. This is only compounded by the fact that you may be uncertain of your future and worried about what will happen to you and your loved ones.
This is why it is important to have a dedicated post-sentence motions lawyer on your side. They will help guide you through the process, answer any questions you have, and help to ease some of the emotional turmoil you are undoubtedly experiencing. With their support, you can focus on preparing for your future and putting this difficult chapter behind you. A post-sentence motion can be an effective way to challenge your conviction or sentence, and your Philadelphian criminal lawyer will know how to navigate the process and give you the best chance of success. Lonny Fish and the Liberty Law Team can work with you to get you the best possible outcome following your sentencing. Call Liberty Law Team today at 215-732-3474 for the dedicated legal representation, advice, and guidance you deserve for your case.
What is a Post-Sentence Motion?
A post-sentence motion is a legal challenge to your conviction or sentence that is filed after you have been sentenced. In general, this may be done in some cases, even if you have already begun serving your sentence. In order to file a post-sentence motion, you must first obtain permission from the court. Once this has been granted, your lawyer will then file the appropriate paperwork and present your argument to the court.
There are many different grounds on which a post-sentence motion can be based. Some of the most common include:
- You were sentenced to a longer prison term than the maximum allowed by law
- The sentence you received is “unfair” or “unduly harsh”
- You were not given credit for time served prior to sentencing
- The court made a mistake when calculating your sentence
- New evidence has come to light that could exonerate you or lead to a lighter sentence
For legal help with a post-sentence motion, contact Liberty Law Team today and get started.
When Should I Consider Filing for a Post-Sentence Motion?
You should discuss the possibility of filing a post-sentence motion with your lawyer as soon as possible after you have been sentenced. It is important to act quickly, as there may be strict deadlines for filing this type of motion. In some cases, you may only have a few days to file. If you miss the deadline, you could lose your opportunity to challenge your conviction or sentence. The outcome of your post-sentence motion may vary.
If your post-sentence motion is successful, the court may:
- Change your conviction to a lesser charge
- Vacate (set aside) your conviction and sentence and order a new trial
- Modify your sentence to make it less severe
If your post-sentence motion is unsuccessful, you will generally be required to begin serving your sentence. In some cases, however, the court may grant you a stay of execution, which will allow you to remain free while your appeal is pending.
Do I Need a Lawyer to File a Post-Sentence Motion?
It is highly recommended that you have a lawyer for any type of legal proceeding, but it is especially important in post-sentence motion cases. The process can be complicated, and the stakes are high. If your post-sentence motion is unsuccessful, you could be required to begin serving your sentence. You might also lose the right to appeal your conviction or sentence.
A qualified post-sentence motions lawyer will know how to navigate the process and give you the best chance of success. They will also be able to help you understand the applicable law and ensure that all deadlines are met.
After you have been sentenced, we will review your case to determine if there are grounds for a post-sentence motion. If there is a possibility of success, we will then file the appropriate paperwork with the court and present your argument. The court will then review the evidence and make a decision. We have a track record of success in post-sentence motion cases, and we will work tirelessly to get you the best possible outcome.
Are All Post-Sentence Motions Complicated?
The process of going through the criminal justice system can be frustrating and confusing, especially if you are not familiar with all of the laws surrounding your case or post-sentence motions.
So, are all post-sentence motions complicated? The answer is: it depends. Some post-sentence motions are very simple, while others can be quite complex. The type of motion will determine how complicated it is.
For example, a Rule 35 motion to correct an illegal sentence is typically fairly straightforward. On the other hand, a Rule 35 motion based on newly discovered evidence can be much more complicated.
If you are considering filing a post-sentence motion, it is important to talk to an experienced criminal appeals lawyer who can help you understand the process and ensure that your motion is properly filed. We have hands-on experience with all types of post-sentence motions, and we can help you make matters right.
Contact Liberty Law Team Today to Get the Help You Deserve
If you have been sentenced and are considering filing a post-sentence motion, don’t hesitate to contact Liberty Law Team. Our team will review your case and determine if there are grounds for a successful post-sentence motion and fight tirelessly to ensure you get a fighting chance in court. For compassionate and strong legal representation, reach out to Liberty Law Team today at 215-732-3474 and get started.