Motion to Reconsider Sentence - Louisiana 2025

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The document is a legal motion filed in the Judicial District Court of Louisiana, requesting the reconsideration of a defendant's sentence. The defendant argues that the original sentence was excessive and did not adequately consider mitigating factors, constituting cruel and unusual punishment. The motion seeks to have the court review and potentially reduce the imposed sentence.

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What is the 60 day rule in Louisiana?

(1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within thirty days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony.

What is the new expungement law in Louisiana?

Expungements have typically been difficult to obtain due to the complicated application process and high costs. However, beginning on January 1, 2025, expungements will be free in Louisiana. The new law will make expungements easier to obtain in an effort to help those who are eligible achieve clean slates.

What are the grounds for recusal of judges in Louisiana?

In a criminal cause, a judge of any trial or appellate court shall also be recused when there exists a substantial and objective basis that would reasonably be expected to prevent the judge from conducting any aspect of the cause in a fair and impartial manner.

How do you win a motion to reconsider?

You just need to convince the court that new developments, accurate law or a correct view of the facts justify a new ruling. If you think your case has solid grounds that support a Motion for Reconsideration, go ahead it may help you win the war.

What is a motion for reconsideration of sentence?

A Motion for Reconsideration allows those in challenging situations to modify or reduce their sentences. Succeeding on a Motion for Reconsideration can be challenging. Thats why the help of a seasoned advocate is often essential.

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What is the 48 hour rule in Louisiana?

Persons continued or remaining in custody pursuant to an arrest made without a warrant shall be entitled to a determination of probable cause within forty-eight hours of arrest. The probable cause determination shall be made by a magistrate and shall not be an adversary proceeding.

What is the 65% law in Louisiana?

Present law further provides that a person convicted of a crime of violence and not otherwise ineligible for parole shall serve at least 65% of the sentence imposed, before being eligible for parole.

What is the 60 day law in Louisiana?

(b) The trial of a defendant charged with a misdemeanor shall commence within thirty days if he is continued in custody and within sixty days if he is not continued in custody.

Motion to Reconsider Sentence - Louisiana 2025

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What is the 60 day rule in Louisiana?

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What is the 48 hour rule in Louisiana?

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