What is a Rule 35 Motion in Federal Criminal Cases

A Rule 35 Motion can reduce a defendant’s sentence in a federal criminal case. Under Rule 35, a federal district court judge may, at the government’s request, reduce the punishment imposed upon a defendant who provided “substantial assistance” in a government investigation.

A Rule 35 Motion can bring a defendant’s sentence below statutory mandatory minimum penalties and the sentence required under the Federal Sentencing Guidelines. Someone who has been convicted and sentenced in federal court, particularly in Utah, may consider a Rule 35 Motion as a way to have their sentence reduced. While only the US Attorney can file a Rule 35 Motion, the criminal defense attorneys at Douglas D. Terry & Associates can guide you through the process, protect your rights, and increase your likelihood of success.

What Is a Rule 35 Motion?

The Federal Rules of Criminal Procedure are guidelines federal courts must follow that specify how federal criminal cases are conducted. Under Rule 35, a defendant in a federal criminal case who provides “substantial assistance” to help the government investigate or prosecute another person can obtain a reduced sentence.

Only the government can file a Rule 35 Motion. While providing assistance to the government can be an effective way to reduce your sentence, the process for obtaining a Rule 35 sentence reduction is complicated and having assistance from an experienced criminal defense attorney is critical.

How Does a Rule 35 Motion Work?

When a defendant provides “substantial assistance” in a government investigation, the US Attorney can file a Rule 35 Motion asking the court to reduce the defendant’s sentence. Under Rule 35, a federal district court judge can reduce a defendant’s sentence in two circumstances:

1. Within one year of sentencing if the defendant provides substantial assistance in investigating or prosecuting another person.
2. After one year of sentencing if the defendant’s substantial assistance could not have reasonably been offered within the first year (such as if the defendant did not know the information until a year later or if the information did not prove helpful to the government until more than one year after sentencing).

What Qualifies as “Substantial Assistance”?

“Substantial assistance” refers to the defendant’s cooperation with the government in investigating or prosecuting people who engage in criminal activity. Assistance can take many forms, such as providing information that leads to an arrest or conviction, helping the government uncover larger criminal networks, or testifying against co-defendants.

When the court evaluates a Rule 35 Motion, the judge will consider factors such as:

• Timeliness. Did the defendant provide assistance shortly after sentencing, or did it take time for the information to become relevant?
• Usefulness. Did the defendant’s assistance significantly aid the government in investigating or prosecuting other defendants for criminal activities?
• Extent. How important was the defendant’s assistance? Did it lead to arrests, prosecution, or the disruption of criminal activities?
• Reliability. Was the information the defendant provided accurate and trustworthy?

How a Rule 35 Motion Can Affect a Defendant’s Sentence

A successful Rule 35 Motion can reduce a defendant’s sentence below statutory mandatory minimums and the sentence recommended under the Federal Sentencing Guidelines. Only the judge has the authority to decide the extent of the sentence reduction. When a defendant provides substantial assistance that leads to multiple additional convictions of individuals involved in criminal activity, the sentence reduction could be considerable. If the assistance was less significant, the sentence reduction could be smaller.

How to Increase Your Chances of a Successful Rule 35 Motion in Utah

Rule 35 encourages defendants to cooperate with the government by providing valuable information to help prosecute other offenders in exchange for a reduced sentence. The possibility of a reduced sentence can be a powerful motivator.

If you have information you believe could provide substantial assistance to the government in a criminal investigation, the criminal defense attorneys at Douglas D. Terry & Associates can offer advice and assistance to increase the likelihood of a successful Rule 35 Motion.

To increase your likelihood of success:

• Cooperate with prosecutors and investigators by providing all known information that could assist in their efforts.
• Promptly communicate with your attorney and the government to provide relevant information.
• Maintain good behavior while serving your sentence.
• Document any assistance you provide, including dates, times, the people involved, and the nature of the assistance you provide.
• Be patient and follow your attorney’s advice.

Why Choose Douglas D. Terry & Associates

Rule 35 encourages defendants to cooperate with the government by providing valuable information to help prosecute other offenders in exchange for a reduced sentence. The possibility of a reduced sentence can be a powerful motivator. Working with an experienced criminal attorney will

The attorneys at Douglas D. Terry & Associates have extensive experience representing people charged with crimes in federal court. We can provide expert advice and legal guidance to help you maximize the value of any information you provide to the government and reduce the severity of your sentence.

Contact Douglas D. Terry & Associates Today

Contact our law office today to schedule a confidential appointment to discuss your situation and how we can help.