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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23996
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What point of rule 35 stand out best to help you win, Idaho

Customer Question

What point of rule 35 stand out best to help you win
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Idaho domestic violence
JA: Have you talked to a lawyer yet?
Customer: Yes already sentenced
JA: Anything else you want the lawyer to know before I connect you?
Customer: Prosecutor wants the max
Submitted: 14 days ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 14 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Have you already been sentenced?

Expert:  Zoey_ JD replied 14 days ago.

There's no constitutional right to a favorable plea bargain. When a DA asks for the maximum and will not bend, what he or she is really saying is, "I've got a great case. If you want a better deal, try to get it from the judge or take the case to trial."

Rule 35 allows a defendant to file a motion within 120 days of his sentence to try to either correct an illegal sentence or to reduce that sentence based on other grounds. If the sentence is illegal, a defendant should win that motion. Otherwise, newly discovered evidence -- something that the court could not have had the benefit of knowing about -- is typically the next best possibility.

Expert:  Zoey_ JD replied 13 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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