What is the time limit for revocation of an illegal sentence?

Selavka, 469 Mass. at 508. Rule 29(a)(1) thus provides for a 60-day time limit for the Commonwealth to file a motion seeking, or for the judge to initiate consideration of, the revision or revocation of an illegal sentence.

Why is revocation a remedy under Criminal Procedure Rule 29?

Rule 29 (a) (1) includes revocation as a potential remedy for an illegal sentence that is too lenient, in part because that sentence might have been the result of a guilty plea from which the defendant could have withdrawn had the sentence been more harsh than it was.

How does a criminal revocation of Naturalization work?

For criminal revocation of naturalization, the U.S. Attorney’s Office files criminal charges in Federal District Court. [2] The government holds a high burden of proof when attempting to revoke a person’s naturalization.

Can a Commonwealth motion to revoke an illegal sentence?

After noting that neither former Rule 29 (a) nor Rule 30 (a) permitted a Commonwealth motion to revise or revoke an illegal sentence, the Court concluded that “rule 29 (a), with its sixty-day time frame, is the proper vehicle by which the Commonwealth may challenge illegal sentences.” Selavka, 469 Mass. at 508.

When does a judge have to conduct a revocation hearing?

If the judge finds probable cause, the judge must conduct a revocation hearing. If the judge does not find probable cause, the judge must dismiss the proceeding. (2) Revocation Hearing. Unless waived by the person, the court must hold the revocation hearing within a reasonable time in the district having jurisdiction. The person is entitled to:

For criminal revocation of naturalization, the U.S. Attorney’s Office files criminal charges in Federal District Court. [2] The government holds a high burden of proof when attempting to revoke a person’s naturalization.

What is Rule 4 of the Federal Rules of Civil Procedure?

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff located in the United States will be required to pay the expenses

When to revoke or modify probation or supervised release?

Rule 32.1 Revoking or Modifying Probation or Supervised Release 1 (1) Preliminary Hearing. (A) In General. If a person is in custody for violating a condition of probation or supervised… 2 (2) Revocation Hearing. Unless waived by the person, the court must hold the revocation hearing within a reasonable time… More