Legal Definitions - motion for reduction

A motion for reduction is a formal request made to a court by a party in a legal case, asking the judge to decrease or lessen a previously imposed penalty, obligation, or requirement. This could involve seeking a shorter prison sentence, a lower bail amount, a reduced fine, or a modification to other court-ordered conditions.

• Example 1: Sentence Reduction

  After serving five years of a ten-year prison sentence for a non-violent drug offense, a defendant files a motion for reduction. The motion highlights their exemplary behavior while incarcerated, participation in rehabilitation programs, and a significant change in sentencing guidelines for similar offenses since their original conviction. The defendant hopes the judge will reduce the remaining portion of their sentence, potentially leading to an earlier release.

  This example illustrates a motion for reduction because the defendant is formally asking the court to decrease the length of their previously imposed prison sentence.

• Example 2: Bail Reduction

  A person is arrested and charged with a white-collar crime, and the judge initially sets bail at $500,000. Their attorney files a motion for reduction, arguing that their client has strong ties to the community, no prior criminal record, and is not a flight risk. The attorney also presents evidence that the client cannot afford the current bail amount and requests it be lowered to a more reasonable sum, such as $50,000, to allow for release pending trial.

  This demonstrates a motion for reduction as the attorney is formally requesting the court to lower the monetary amount required for the client's temporary release from custody.

• Example 3: Fine Reduction

  A small business is found liable for a minor environmental violation and is ordered to pay a $20,000 fine. The business owner files a motion for reduction, explaining that they immediately rectified the issue, implemented new preventative measures, and that paying the full fine would cause severe financial hardship, potentially leading to layoffs. They request the court to consider reducing the fine to $5,000, which they can manage without jeopardizing their employees' jobs.

  This example shows a motion for reduction because the business owner is formally asking the court to decrease the financial penalty imposed for the violation.