Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Colorado defendants who have been sentenced for a criminal conviction can file a motion for reconsideration under Colorado Rule 35(b) asking the judge to modify the sentence. This is sometimes called resentencing. It is in the judge’s complete discretion whether or not to lessen the sentencing terms.
Everyone who has been sentenced for a Colorado crime is free to file a motion for reconsideration. It makes no difference whether the defendant’s sentence includes jail/prison or just fines, community service, classes, and/or restitution. Defendants may ask courts to reconsider even lax sentences.
The judge is never obligated to grant motions for reconsideration. And if the judge denies the motion, the original sentence will stand.
Note that judges may not increase the sentence following a motion to reconsider–in that sense, defendants have nothing to lose by filing this motion.
Defendants can make various arguments as to why they deserve a lighter sentence. The most common one is that the original sentence was disproportionately severe as compared to the seriousness of the underlying crime. Other grounds may include:
Arguments for reconsideration can also include “mitigating factors”, which are facts about the defendant that make him/her seem less blameworthy. Examples include:
Arguments for reconsideration can also include facts and circumstances that occurred after the alleged crime but that may justify a lighter sentence. Examples include:
Judges have the discretion over whether to grant a motion for reconsideration of a sentence.
Defendants (or their attorneys) must file a motion to reconsider their sentence in writing to the court that sentenced them. This motion can include evidence that did not exist during the original sentencing hearing in the Colorado court.
The judge then may hold a hearing on the motion. This is where the defense attorney and the prosecution argue for and against the motion, respectively. But the judge can also decide to rule on the motion without holding a court hearing.
Note that the deadline for filing a motion to reconsider the sentence turns on whether the defendant is appealing the trial verdict. If there is no appeal, the defendant has 126 days after the sentence to file the motion. If the defendant is appealing, then the defendant has 126 days after the appellate court’s decision.
Defendants may not appeal a case and file a motion to reconsider a sentence simultaneously. If this happens, the motion to reconsider will become moot.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.