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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25908
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: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months 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 4 months 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 4 months 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.