Post Conviction

If you have been convicted of a crime, you have 10 days in which to ask for a new trial or 90 days from the imposition of a sentence to ask the court to modify its sentence. A motion to modify can be filed within 90 days along with a request that the court hold the motion sub curia until a hearing is requested at a later date. You may benefit from having a hearing at a later date if, for example, you need time to complete the terms of your probation, which could take longer than 90 days. By finishing probation, or any court-ordered treatment programs, you will be in a better position to receive a reduction in your sentence or, depending on the circumstances, a probation before judgment disposition. So long as the motion is filed within 90 days of imposition of the sentence, the modification hearing can be held up to 5 years after imposition of the sentence. Again, there may be circumstances where your best option is to serve out a significant portion of your sentence before it would be beneficial to have the modification hearing. Sometimes playing the long game could lead to a sentence reduction for a serious charge, which will help you get back on your feet sooner than if you prematurely requested the modification hearing.