Can I Get My Federal Sentence Reduced Under Rule 35?

 Posted on December 06, 2024 in Federal Crimes

Those convicted of a federal crime will be sentenced under the United States Sentencing Guidelines. Sentencing for federal crimes is notoriously harsh – usually more so than state penalties for similar criminal offenses. However, there are certain situations in which a federal judge can reduce or adjust your sentence. This is true even a year or more after the sentence starts. A federal prosecutor may also file a Rule 35 Motion to Reduce Sentence in exchange for cooperation on another case.

Cooperation means "substantial assistance" although Rule 35 can also be used to address any mitigating factors that were not known at the time of the original sentencing, to "fix" any errors that occurred, or to incentivize a defendant to assist prosecutors on other cases. If you believe Rule 35 could potentially reduce or adjust your sentence for a federal criminal offense, speak to a knowledgeable Chicago, IL federal criminal defense attorney from Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney.

How Does Rule 35 Work?

Each situation is different, but in some cases, Rule 35 can result in months or even years taken off a prison sentence. Some people may be able to avoid prison or jail time altogether, although that is usually accomplished with a 5k motion rather than Rule 35. The following conditions must be present to take advantage of Rule 35:

• If the defendant provides substantial assistance in the prosecution or investigation of another person, Rule 35 must be filed within one year of sentencing.

• If the sentence was the result of an error – whether technical or other type of error – Rule 35 must be filed within 14 days of sentencing.

•  If the defendant’s assistance could not reasonably be offered within the first year, or the information the defendant provided was not helpful until a year had passed, Rule 35 can be filed after a year from when sentencing occurred.

When considering "substantial assistance" any pre-sentence assistance provided by the defendant may also be taken into consideration.

How Do Sentence Reductions Under Rule 35 Apply?

Even after a defendant has been convicted and sentenced under federal guidelines, a reduced prison term can be provided to encourage cooperation between defendants and the federal government. Offering reduced sentencing allows the federal government to obtain evidence in other criminal cases in situations where the defendant has no valid reason to provide such information. Judges in these cases are allowed to depart from maximum and minimum sentencing guidelines after hearing the motion from the government. A judge may even sentence the defendant to supervised release or probation rather than prison.  

Who Files Rule 35 Motions?

The federal prosecutor is the only person who can file a Motion to Reduce Sentence under Rule 35, but the defendant’s criminal defense attorney can guide his or her client in providing substantial assistance with the hope of getting such a motion filed. The usefulness of the assistance, any potential risks or benefits to the government, and the timeliness of the defendant’s assistance will all be taken into consideration when the prosecutor is considering Rule 35.

Defendants should cooperate fully, provide all known information, promptly communicate any new, relevant information, document all assistance provided, and maintain good behavior while serving the original sentence. It is necessary to be patient, as filing a Rule 35 motion takes time. Your criminal defense attorney can answer your questions and potentially help you qualify under Rule 35 to reduce your sentence.

Contact a Chicago, IL Federal Defense Lawyer

Attorney Hal Garfinkel is a former prosecutor. This gives his clients a clear advantage because of his unique perspective and understanding of both sides of the criminal justice system. Mr. Garfinkel has experience, knowledge of the law, aggressive strategies, and accessibility—all the attributes you need in a Chicago, IL federal criminal defense attorney. Contact Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney at 312-629-0669 today to schedule your free consultation.