You may have heard people talking about a “Rule 35” and wondered, “what is a Rule 35?” and, “Should I apply for a Rule 35?” This article gives a brief explanation of Rule 35 and when it may apply to your case.
Rule 35 refers to Idaho Criminal Rule 35, which controls a Motion for Correction of Sentence. A Rule 35 Motion can do two things: (1) correct an illegal sentence, or (2) reduce a legal sentence because it is excessive or unduly harsh. You may file only one motion to reduce a legal sentence. A Rule 35 motion cannot be used to allege that your conviction is illegal. If you need to challenge the conviction itself (for example, an illegal search or ineffective assistance of counsel), you may need to file an appeal to the Idaho Supreme Court or a separate civil action for Post-Conviction relief. Please see the separate McKenzie Law Offices article on those issues.
Statute of Limitations (Time Limits). There is no time limit in which to file a Rule 35 Motion to correct an illegal sentence. A Rule 35 Motion to reduce a sentence must be filed within 120 days from the date the court relinquishes jurisdiction. If you are on probation and you have your probation revoked, you have 14 days to file a Rule 35 Motion seeking a reduction in sentence.
Potential Grounds for Reduction of Sentence. The decision to alter a lawful sentence is in the discretion of the sentencing court. The criteria for determining whether a sentence was excessive are the same applied to determine if the original sentence was reasonable. If the sentence was not excessive when pronounced, the defendant must later show that it is excessive in view of new or additional information presented with the motion for reduction. Therefore, when filing a Rule 35 motion, you should include new or additional information such as: family circumstances, rehabilitation, prison conditions, positive parole plan, substance abuse treatment, community service, prior military service, errors in the Presentence Investigation Report (PSI). Remember, your behavior in prison can strongly affect a Rule 35 motion, either positively or negatively.
Hopefully this helps you answer the question, “What is a Rule 35 Motion?”
McKenzie Law Offices has experienced attorneys who can help you prepare your motion and present it to your sentencing judge. Please contact us today to get started on your case!