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Henak Law Office, S.C.
Criminal Appeals, Post-Conviction Remedies, Federal Habeas Corpus
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Contact Us:
5205 N. Ironwood Rd., #100
Milwaukee, WI 53217
Phone: (414)283-9300
Fax: (414)283-9400
Experience. Creativity. Integrity.
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Sentence Modification
Once a defendant has exhausted his or her right to a direct appeal, one of the few remaining ways to challenge a sentence is to move the court to modify the sentence based on "new factors." A new factor is a fact or circumstance highly relevant to the issue of sentencing which was not known to the Court at the time of the original sentencing, either because it was not then in existence or because it was inadvertently overlooked by all of the parties. Whether something is a "new factor" thus depends on what the sentencing court actually considered to be important when imposing sentence. Also, Wisconsin courts have held that things like providing assistance to the government are new factors, while things like physical or mental health issues or post-sentencing rehabilitation are not.
In addition to showing a new factor, the defendant must convince the court that the new factor should make a difference in the sentence imposed under all the circumstances. This would include taking into account the defendant's conduct since the time of the original sentencing as well as any other bad (or good) conduct by the defendant that comes to light after the original sentencing.
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Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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Designed by James Moffet © 2009
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