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 us. We can help you explore a Rule 35 motion as an option.