QUESTION
Is it true that when filing for reconsideration you must file at 120 days or you lose your right to file for it?
Asked on Nov 10th, 2013 on Criminal Law - Michigan
More details to this question:
If you file the motion and are denied what is the timeline for filing again? Can you wait years before filing again?
3 ANSWERS
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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I think what you are talking about is a judge having the authority to re-sentence within 120 days of the initial sentence under Penal Code section 1170(d). The judge can decide to exercise his discretion and re-sentence or not. Once the 120 days has passed the court loses jurisdiction and cannot re-sentence.
Answered on Nov 13th, 2013 at 9:36 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It depends on what what type of motion for re consideration. Is it a civil case or a criminal case? What other appellate remedies have been exhausted?
Answered on Nov 13th, 2013 at 9:35 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Reconsiderations are very limited and must be filed in as short as 10, 21 or 30 days. Other than that your question is too vague to answer. Clearly you are confused as to your rights, confer with an attorney with the specifics.
Answered on Nov 13th, 2013 at 9:35 AM