Do Judges Ever Change Their Minds on Sentencing?
Once you’re convicted of a crime in Tennessee state or federal court, there’s generally a delay between the conviction and your sentencing hearing. During this period, judges are meant to review evidence from both defense attorneys and prosecutors regarding the proper sentence in your case. A dedicated Tennessee sentencing reduction lawyer might present evidence to mitigate your sentence or, if necessary, file a petition for resentencing to convince the judge to change her mind. Judges may do this in Tennessee if your lawyer shows ‘good cause’ to reduce the sentence or impose an alternative sentence.
Factors Considered in Determining ‘Good Cause’ for a Rule 35 Resentencing
Generally, an attorney may file a petition to have your sentence changed or reduced within 120 days of the original sentence. This deadline is strict, so you must contact a criminal defense lawyer immediately. Legal counsel can then petition the court for resentencing based on certain mitigating factors that should have been presented during your sentencing hearing but were not fairly considered. These factors may include the following:
- No serious injury or harm
- Strong provocation
- Justification
- Good faith attempt to help or compensate the victim
- Lack of judgment due to age
- Necessity (theft of food and water for family)
- Assistance to the police
- No intent to violate the law
- Duress or coercion
Tennessee public defenders have a heavy caseload and, despite their best attempts, might not have had time to present a proper defense at your sentencing. If you act quickly, a dedicated sentencing reduction lawyer could petition for resentencing on these grounds.
Types of Post-Conviction Relief in Tennessee
Even if a judge refuses to resentence you for good cause, an experienced criminal defense lawyer can apply for the following types of post-conviction relief.
Appeals
An attorney can appeal your case to a higher court, including the Court of Criminal Appeals, the Tennessee Supreme Court, or even the United States Supreme Court. It’s important to contact legal counsel immediately after your conviction, however, as certain appeals deadlines may apply.
Requests for Resentencing on Legal Grounds
Sentencing is a complex legal matter controlled by the laws of criminal procedure. If the judge failed to consider certain necessary sentencing factors or did not allow you to speak, you may be entitled to petition for resentencing based on a legal violation. This could allow a more experienced criminal defense lawyer to advocate for a better sentence during your new hearing.
Petitions for Habeas Corpus
In some cases, you can appeal to the federal court for post-conviction relief. Your attorney can help you determine whether you qualify to file a petition for habeas corpus in Tennessee, though this is often considered a last resort.
Don’t Give Up: Contact a Dedicated Tennessee Post-Conviction Relief Lawyer Today
It’s not over if you’ve already been sentenced for a crime in Tennessee. Contact experienced sentencing reduction lawyer Joshua T. Crain immediately to discuss your options for post-conviction relief. Do not delay, as this could harm your case. Call us today at (615) 235-5216 or contact us online.