Prison Sentences can be very long. However, there are a few ways to reduce those long prison sentences, either Federal or State, by up to 60% sometimes. Now, there are a few factors that come in play when doing such, which will be further explained below.legal topics from MikeGLaw.com
First, if the inmate is in Federal prison, then there are specific rules prescribed in the Federal Criminal Rules and Procedures that apply. Generally, if the person is already in prison, it is called a Rule 35 Motion. This Motion is filed by the AUSA that handled the case originally. The AUSA(Prosecutor), will only file this motion when the person provides “substantial assistance” to the government. It usually is done by what is called “third party cooperation”, where a third party actually assists the government for the prisoner. These motions can range from 10%-60% off the original sentence. But ultimately, the Judge will have to approve this downward departure motion. If, the defendant isn’t already sentences, this motion is called a 5K1, but only if the cooperation is done before sentencing.
Second, if the inmate is in State prison, all the same form above generally applies, however, all State courts call it something different if at all called something. So, instead of a Rule 35, it’s just a motion for downward departure.
You must check with your lawyer to have them call your AUSA or prosecutor to check and see if the defendant is able for such sentence reduction first. There are some cases, mainly if they went to trial and lost of had a lot of violent crimes in where a sentence reduction is not possible.