Fill and Sign the Affidavit by Attorney for Defendant in Support of Motion for Reduction of Sentence for Defendants Assistance with Another Form

IN THE ___________ COURT OF _______________ (County) , _________________ (State) _______________________ PLAINTIFF (Name of State) V. CAUSE NO. _______,_______ _______________________ DEFENDANT (Name of Defendant) Affidavit by Attorney for Defendant in support of Motion for Reduction of Sentence STATE OF ____________________ COUNTY OF _______________________ PERSONALLY appeared before me, the undersigned authority in and for said county and State, __________________ (Name of Affiant) , who, having been being first duty sworn by the undersigned Notary Public, deposes and says: 1. I am the attorney for _____________________ (Name of Defendant) , the Defendant in the above-entitled action, and am fully familiar with all the facts and circumstances of this case. I execute this Affidavit in support of the Motion of the Defendant to reduce the sentence previously imposed in this case. 2. Defendant was charged in this case with violation of ______________________ citation to State’s Criminal Code) , and trial was held before this Court with a jury. On ___________________ (date of verdict) , the jury returned its verdict finding the Defendant guilty as charged. Subsequently, on __________________ (date of sentencing) , this Court sentenced the Defendant to a term of imprisonment of __________ (number of years) years. 3. Subsequent to Defendant's sentencing, on ________________ (date) , the Defendant was delivered to ____________________________ (name of facility) to begin commencement of the sentence. The Defendant has remained continuously incarcerated at that facility since that date, and has now served a total of ______ (number) days. 4. Prior to the trial in this case the Defendant, on my advice, invoked the privilege against self-incrimination and refused to discuss the facts of the case with any State attorneys or investigators. However, after the Defendant's conviction and sentencing, and after Defendant and I mutually agreed that an appeal was not advisable, Defendant voluntarily stated to me the wish to cooperate with the authorities, if they desired the Defendant's cooperation, in their investigation and prosecution of other persons involved in the criminal activity that was the subject of this case. Pursuant to Defendant's request, I contacted ___________________ (name of prosecuting attorney) , the Assistant District Attorney who prosecuted Defendant, to explore the possibility of such cooperation. 5. The Assistant District Attorney agreed that Defendant's cooperation would be helpful, and a series of meetings were arranged between Defendant, the Assistant District Attorney, various State investigators, and me. During those meetings the Defendant freely and voluntarily answered all questions of the various State representatives present, and Defendant's cooperation has greatly aided the State in its investigation of other persons involved in the criminal activity that was the subject of this trial. While no prosecutions have yet been brought as the result of Defendant's cooperation, it is extremely likely that indictments will be forthcoming in the near future. The nature and extent of Defendant's cooperation is more fully set forth in the affidavit of ____________________ (name of affiant) , which is attached to the present motion and marked Exhibit A . 6. Defendant has at all times been acutely aware that cooperation with the State, if it becomes known to other prisoners at __________________________ (name of facility) , will endanger Defendant's safety. Defendant is also fully aware that, in the nature of things, such cooperation sooner or later will become known to the general prison population. Defendant's knowledge of this almost certain danger makes Defendant's voluntary cooperation even more worthy of consideration by this Court. 7. As is shown by the presentence investigation and report that was before the Court at the time of sentencing, Defendant has no prior criminal record. In fact, Defendant's life had in all respects been exemplary, Defendant had for many years engaged in numerous civic enterprises. Defendant has suffered great mental and emotional distress as a result of the conviction and incarceration, and the resulting notoriety, and Defendant has shown a full measure of remorse and contrition, as is evident from the report of the probation officer. 8. Defendant does not seek to excuse the criminal conduct that resulted in Defendant's conviction. However, in light of Defendant's previously exemplary life, the fact that Defendant's activity in this case represents an aberration rather than a pattern of conduct, Defendant's remorse and contrition, the incalculable damage that has been done to Defendant's personal and business reputation and standing, and Defendant's full, voluntary, and complete cooperation with the State subsequent to the conviction and sentence, it is submitted that the sentence of _______ (number of years) years previously imposed must now be considered patently excessive. In light of the facts and circumstances now known, I strongly believe that the Court should exercise its discretion in this matter to reduce the sentence. ___________________________________ (Printed Name of Attorney) (Signature of Attorney) SWORN to and subscribed before me, this the _____ day of _____________, 20____. _____________________________ NOTARY PUBLIC My Commission Expires: ____________________