Rule 35 motions

Rule 35 Motions Law Firm

After a defendant has been sentenced, there are several circumstances under which that sentence may be reduced. A defendant may win a resentencing following a direct appeal. A defendant may also have his sentence reduced if he cooperates with the government after sentencing, and if the prosecution files a motion pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure to reward the defendant for providing substantial assistance in investigating or prosecuting another person.

Although only the prosecution may file a Rule 35 motion, the defense attorney’s role in the process is critical. The defense attorney’s role is not only to interest the prosecution in what a defendant has to offer, but also to ensure that the cooperation goes smoothly and that the defendant is rewarded for whatever assistance he or she provides.

If you have already been sentenced, and are interested in reducing your sentence by cooperating with the government, contact the Law Offices of Alan Ellis. The firm’s sentencing lawyers can help you explore a Rule 35 motion as an option.

Maximize Benefit of Client’s Cooperation with Government“, ABA Criminal Justice, Fall 2007 

Litigating Substantial Assistance Motions”, Federal Sentencing and Post Conviction News (Spring 1999) 

Whether you are a defendant, attorney, inmate, family or friend, The Law Offices of Alan Ellis can provide you with the sentencing, prison or appeal help you need. Contact the firm for a free initial consultation at 415-895-5076 or email us at AELaw1@alanellis.com or fill out our intake form and return to us.