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Post-Conviction Relief/Reconsider Sentence

Motion for Sentence Reconsideration, Reduction, Modification

Colorado law permits a Defendant to file for a sentence reconsideration, modification, and reduction every time he or she is resentenced. This legal process is also referred to as a Postconviction Modification of Sentence. Colorado Rule of Criminal Procedure 35(b) grants the trial court permission to reconsider and reduce (hopefully) its sentence.

The rule formely called for the motion to be filed within 120 days of the imposition of sentence. However, the new rule gives additional time and requires the motion to be filed within 126 days of the imposition of sentence.

Possible outcomes of a motion to reconsider sentence include the court denying the motion without a hearing or the court granting a hearing on the matter. The court may also reduce the sentence on its own initiative within the 126 day time period specified.

A Defendant must be careful in filing a motion to reduce and reconsider a sentence, however, where the Defendant was sentenced under a plea agreement with the District Attorney (DA). If a court modifies or reduces a sentence that has been agreed upon by the DA and the Defendant, the DA can withdraw from the plea agreement and reinstate any dismissed charges and proceed to trial (as if there wasn’t a plea agreement).

Additionally, if a Defendant fails to appeal his initial sentence, he is foreclosed from contesting that sentence by motion under Crim.P.35(b). A conviction is final after 120 days if the conviction is not appealed, or 120 days after the end of the appellate process if the conviction is appealed.

A Defendant may not be given a longer sentence upon a motion for sentence reconsideration, unless the original sentence was imposed in error or is void.

If you or a loved one has recently been resentenced by the Court, you may be eligible for a post-conviction modification, reduction, and reconsideration of sentence. Contact Attorney Robbins today for a free case evaluation at 303-355-5148.

Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy