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Motion To Impose

A motion filed with the court seeking to impose jail time which has been suspended pending compliance with a court order.

Question: What does it mean when there is a "Motion to Impose Sentence" in a court docket?

Answer: It simply means that one of the parties, either the prosecution or the defense, has asked the judge to hold a hearing to decide on the sentence for the defendant. It would seem it might usually be the prosecution, as the defendant would have less interest in being sentenced, but in fact the defendant has an interest in setting sentence as well--for purposes of appeal, or to start serving a sentence (if the defendant is not already incarcerated) so that it will start running, or even for strategic reasons (either another procedure is pending or another event may soon be disclosed which would have a negative effect upon sentencing) and other reasons.

 


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