Rule 35 Motions

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 the Law Offices of Alan Ellis. The firm's sentencing lawyers can help you explore a Rule 35 motion as an option.

The Law Offices of Alan Ellis limits its practice to representing federal criminal defendants in plea negotiations, sentencing representation and consultation; Rule 35 Motions; prison designation, transfers, disciplinary matters and other problems; direct criminal appeals; 2255 habeas corpus motions and other post conviction remedies; and international prisoner treaty transfer work for foreign inmates and Americans arrested abroad. Its goal is to secure for its clients the lowest possible sentence, and if it is one of incarceration, to be served at the best possible facility, with release at the earliest opportunity.

For more information about Rule 35 motions please contact the Law Offices of Alan Ellis.

Click here to read: 

"Maximize Benefit of Client's Cooperation with Government", ABA Criminal Justice, Fall 2007 (PDF)

“Litigating Substantial Assistance Motions”, Federal Sentencing and Post Conviction News (Spring 1999) (PDF).