Motion to Reconsider Sentence - Vermont

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Original Sentence Summary
4. Grounds for Reconsideration
5. Filing Deadline Compliance
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Sentence Modification
9. Legal Authority
10. Proposed Order
11. Certificate of Service

Caption

STATE OF VERMONT

SUPERIOR COURT, CRIMINAL DIVISION

[________________________________] UNIT

Introduction

COMES NOW the Defendant, [________________________________], by and through [his/her] attorney, [________________________________], and respectfully moves this Honorable Court pursuant to 13 V.S.A. § 7042 to reconsider and reduce the sentence imposed on [__/__/____] in the above-captioned matter. In support thereof, Defendant states as follows:

Original Sentence Summary

1. On [__/__/____], Defendant was convicted of [________________________________] in violation of 13 V.S.A. § [________________________________].

2. On [__/__/____], this Court imposed the following sentence:

• ☐ Incarceration with VT DOC: [________________________________]
• ☐ Suspended sentence: [________________________________]
• ☐ Probation: [________________________________]
• ☐ Fine: $[________________________________]
• ☐ Restitution: $[________________________________]
• ☐ Community Service: [________________________________] hours
• ☐ Conditions of release: [________________________________]
• ☐ Other Conditions: [________________________________]

3. The conviction arose from the following circumstances: [________________________________]

Grounds for Reconsideration

Defendant respectfully requests reconsideration of the imposed sentence for the following reasons:

☐ A. The sentence imposed was unduly severe. Upon reflection, the sentence exceeds what is necessary to serve the interests of justice. [________________________________]

☐ B. Changed circumstances since sentencing. Since the imposition of sentence, the following material changes have occurred: [________________________________]

☐ C. New information not available at sentencing. The following relevant information was not available to the Court at sentencing: [________________________________]

☐ D. Rehabilitation progress. Defendant has demonstrated significant rehabilitation since sentencing.

☐ E. Sentencing disparity. The sentence is disproportionate to sentences imposed on similarly situated defendants. [________________________________]

☐ F. Other grounds. [________________________________]

Filing Deadline Compliance

This motion is timely filed pursuant to 13 V.S.A. § 7042:

☐ The sentence was imposed on [__/__/____], and this motion is filed on [__/__/____], which is within 90 days of imposition.

☐ The Vermont Supreme Court entered an order upholding the judgment of conviction on [__/__/____], and this motion is filed within 90 days of that order.

Calculation:

• Date of sentencing: [__/__/____]
• 90th day: [__/__/____]
• Date of filing: [__/__/____]

Mitigating Factors

The following mitigating factors support a reduced sentence:

☐ Defendant has no prior criminal history or minimal criminal record.

☐ Defendant played a minor role in the offense.

☐ The offense resulted in no physical harm to any person.

☐ Defendant has accepted responsibility and demonstrated remorse.

☐ Defendant's age at the time of offense: [____] years.

☐ Defendant has significant family responsibilities: [________________________________]

☐ Defendant suffers from mental health conditions: [________________________________]

☐ Defendant suffers from substance abuse issues and has sought treatment: [________________________________]

☐ Defendant's employment history and community ties: [________________________________]

☐ Defendant's military service record: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Since the imposition of sentence, Defendant has undertaken the following rehabilitation efforts:

☐ Completed or enrolled in substance abuse treatment: [________________________________]

☐ Completed or enrolled in mental health treatment: [________________________________]

☐ Obtained or maintained employment: [________________________________]

☐ Completed educational programs or GED: [________________________________]

☐ Completed vocational training: [________________________________]

☐ Maintained compliance with all conditions of supervision.

☐ Completed VT DOC programming: [________________________________]

☐ Made restitution payments totaling: $[________________________________]

☐ Other rehabilitation efforts: [________________________________]

Supporting documentation is attached as Exhibit(s) [____].

Proposed Sentence Modification

Defendant respectfully requests that this Court modify the original sentence as follows:

☐ Reduce the term of incarceration from [________________________________] to [________________________________].

☐ Suspend the remaining term of incarceration and place Defendant on probation for [________________________________].

☐ Modify probation conditions as follows: [________________________________]

☐ Reduce the fine from $[________________________________] to $[________________________________].

☐ Modify restitution requirements: [________________________________]

☐ Reduce the sentence in another manner within the sentencing court's authority under 13 V.S.A. § 7042: [________________________________]

☐ Other requested modification: [________________________________]

Legal Authority

This motion is supported by the following legal authority:

1. 13 V.S.A. § 7042 provides that the court imposing a sentence may, within 90 days of imposition or within 90 days after entry of an order of the Vermont Supreme Court upholding the conviction, reduce the sentence upon its own initiative or motion of the defendant.

2. 13 V.S.A. § 7042 further provides that the State's Attorney or the Attorney General may file a motion within seven business days of imposition to increase, reduce, or otherwise modify the sentence; after hearing, the court may confirm, increase, reduce, or otherwise modify the sentence.

3. Section 7041 is Vermont's deferred-sentence statute, not a general list of sentence-reduction alternatives. A request under § 7042 should identify the precise reduction sought and confirm that the sentencing court has authority to grant it.

Proposed Order

STATE OF VERMONT

SUPERIOR COURT, CRIMINAL DIVISION

[________________________________] UNIT

Having considered Defendant's Motion to Reconsider Sentence, any response by the State, and the record in this matter:

IT IS HEREBY ORDERED that the Motion to Reconsider Sentence is:

☐ GRANTED. The sentence imposed on [__/__/____] is modified as follows: [________________________________]

☐ DENIED. The original sentence shall remain in full force and effect.

☐ SET FOR HEARING on [__/__/____] at [____] a.m./p.m.

DATED this [____] day of [________________________________], 20[____].

_____________________________________________
Superior Court Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion to Reconsider Sentence was served upon:

State's Attorney for [________________________________] County
[________________________________]
[________________________________]
[________________________________]

☐ By personal delivery
☐ By U.S. Mail, postage prepaid
☐ By electronic filing/service

_____________________________________________
[________________________________]
Attorney for Defendant
VT Bar No.: [________________________________]
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

Vermont Practice Notes

• 90-Day Deadline: Vermont's 90-day deadline is shorter than the 120-day deadline common in many other jurisdictions. This period runs from the date of sentencing or from entry of a Vermont Supreme Court order upholding the conviction.
• State's Attorney Counter-Motion: The State's Attorney or Attorney General may file a motion to increase, reduce, or otherwise modify the sentence within 7 business days of imposition. After hearing, the court may confirm, increase, reduce, or otherwise modify the sentence.
• Risk of Increase: Because the State may move to increase the sentence within 7 business days, filing a defense motion early in the sentencing process may prompt a cross-motion.
• Court Initiative: The court may reduce the sentence on its own initiative within the 90-day period.
• VT DOC Programs: Vermont Department of Corrections programs and assessments may support rehabilitation claims. Vermont emphasizes restorative justice principles.
• Unified Court System: Vermont's Superior Court, Criminal Division handles all criminal matters. Former district courts have been consolidated.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. All motions should be reviewed by a licensed Vermont attorney before filing.