Rule 35 Motions

If you have already been convicted and sentenced for a federal drug crime, you may be able to gain relief under Federal Rule of Criminal Procedure 35. As a federal criminal defense lawyer can explain, Rule 35 motions are filed by federal prosecutors when it becomes necessary to reduce or correct a federal sentence. There are a number of scenarios that could give rise to a Rule 35 motion, and your federal criminal defense attorney can help you determine if you are a good candidate for such relief.

A New Jersey Federal Criminal Defense Lawyer Explains Reasons for a Rule 35 Motion

The most common reason for a sentence reduction under Rule 35 involves a situation where the defendant is able to offer helpful information to the prosecution. The court will require proof of the following if the Rule 35 motion occurs more than one year after sentencing:

• The information was not known to the defendant until one year or more after sentencing;
• The information was provided by the defendant to the government within one year of sentencing, but did not become useful to the government until more than one year after sentencing; or,
• The usefulness of the information could not reasonably have been anticipated by the defendant until more than one year after sentencing and the information was promptly provided to the government, such as through a Newark federal criminal defense lawyer, after its usefulness was reasonably apparent to the defendant.