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What is Rule 35?

A Rule 35 motion is filed by a prosecutor and asks a court to reduce a sentence. After a Rule 35 motion is filed, a court of law is able to reduce a person's sentence in whatever degree the court decides is appropriate.

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Recently, a year-long investigation resulted in 32 people being arrested in Marshall County, West Virginia. The nearly three dozen people arrested have since pleaded guilty to abusing and selling Buprenorphine and Suboxone. The legal counsel for many of these individuals has chosen to file Rule 35 motions to respond to these cases. Rule 35 of the Federal Rules of Criminal Procedure offers individuals a few methods to either correct or reduce a federal sentence. Correcting or reducing a federal sentence is different from a criminal appeal but in order to file a motion, an individual almost always requires the assistance of a skilled criminal defense attorney

The Elements of Applicable Laws Concerning Rule 35

A Rule 35 motion is filed by a prosecutor and asks a court to reduce a sentence. After a Rule 35 motion is filed, a court of law is able to reduce a person’s sentence in whatever degree the court decides is appropriate. There are two important parts of Rule 35, which an individual who is convicted of a criminal offense should understand: Rule 35(A). This section applies to corrections of federal sentences based on technical errors. In many cases, the federal court will directly correct these errors. A correction of this error must be made within 14 days after a person is convicted of a crime. Rule 35(B). This section of law results in a reduction of an individual’s sentence provided that the person offers the government some type of “substantial assistance” in prosecuting another individual. While testifying against another person is often considered “substantial”, there is disagreement between prosecutors about what constitutes “substantial assistance.” After a year has elapsed based a person’s conviction, there are several requirements that must be satisfied for this type of motion including information was not known to the incarcerated person until a year or more after sentencing, information was provided by the individual within a one year period of sentencing but did not become useful to the government until after a year had elapsed, or the incarcerated person was not aware of the usefulness of the information provided until after a year had elapsed.

Retain the Assistance of a Skilled Federal Criminal Defense Lawyer

While Rule 35 motions seem like a wise choice, there are several dangers presented by these motions including a risk to the person and person’s family who provides the government with “substantial assistance” in a prosecution. As a result, if you have been convicted of a crime, it is important to understand that a Rule 35 motion is just one of several options that individuals have in avoiding or reducing a sentence. To make sure that a Rule 35 motion is handled in the best possible, however, incarcerated individuals frequently require the assistance of skilled legal counsel. Contact the Federal Criminal Law Center today to obtain assistance in making sure that your case resolves in the best possible manner. Our office can be reached at 404.633.3797 or by completing our convenient online form.

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Is meeting twice a week too much?

Experts say you should only see them twice in a week. This could be a challenge for almost anyone. A new relationship is always exciting in the beginning and people want to spend as much time as they can with each other. But if you want something long lasting, experts say the space can do a whole lot of good.

Just started dating a special someone? Experts say you should only see them twice in a week. This could be a challenge for almost anyone. A new relationship is always exciting in the beginning and people want to spend as much time as they can with each other. But if you want something long lasting, experts say the space can do a whole lot of good. "It's important to stick to twice a week only so that you have plenty of time away from your new date to give your deepest feelings time to percolate up from your subconscious," Scott Carroll, psychiatrist and author of Don’t Settle: How to Marry the Man You Were Meant For, told Bravo TV. Seeing each other too often and the tendency to rush things can have a negative impact on a relationship, according to Dr Seth Meyers, a licensed clinical psychologist and author. "While some couples may find that they can spend every night together in the very beginning and make it work, this is not a formula that will result in long-term romantic success for most, "he is quoted as saying by Psychology Today. Seeing a new partner very often also increases the desire to be intimate with each other. "The problem with this dynamic is that seeing each other too frequently at the very beginning forges an illusion of intimacy and dependence, even though each person does know that it takes months - or even years - to truly get to know someone." he explained.

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