legal
 






 

Question by  Diddum (348)

What is Rule 35 in federal criminal defense law?

The rule 35 plea has something to do with reducing a sentence, but I'd like to know exactly what it is.

 
+13

Answer by  idrmname (22)

Rule 35 motion is filed by the prosecutor in some cases where the defendant has been shown to substantially cooperate with an investigation. It's up to the court/prosecutor to decide what "substantial assistance is", but in most cases the defendants "assistance" must lead to arrests,indicments,or convictions. If filed you will receive a reduced sentence for helping.

 
+7

Answer by  JohnCroker (68)

Rule35 motion is filed by the prosecutor in cases where the defendant has been shown to substantially cooperate with an investigation. It's up to the prosecutor to decide what "substantial assistance is", but in most cases the defendants "assistance" must lead to arrests, indicments or convictions. If filed, you will receive a reduced sentence for helping.

 
+6

Answer by  patti (29325)

Rule 35 allows that a sentence can be amended for a number of reasons, from mathematical error to new information and more. Many websites detail the features of Rule 35.

 
+5

Answer by  Durrr (43)

Rule 35 of criminal procedure allows a court to reduce a sentence where there is clear error such as a mistake in number of days in a sentence. It also allows a court to reduce a sentence if within one year of sentencing the defendant provides substantial assistance in the prosecution of another person.

 
+2

Answer by  jbl7894 (16)

It is a motion filed by the government to reduce a sentence for someone who has helped in the prosecution of another person.

 
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