It’s up to the judge to review the defendant’s request and determine if he deserves a lighter sentence. Other defendants file a motion if they believe they have been rehabilitated and deserve another chance. In most cases, defendants choose to file a motion for reconsideration if they believe the penalties imposed upon them were unfair. Any defendant who has been convicted and sentenced is eligible to file a motion for reconsideration, regardless of the severity of their sentence. Many defendants think they can only file a motion for reconsideration if they have been sentenced to prison, but that’s not the case. Who Can File a Motion For Reconsideration?
If the judge agrees, the defendant’s sentence can be lightened. He can argue that since this was his first criminal conviction, he does not deserve the maximum penalty. The defendant can file a motion for reconsideration and ask the judge to reconsider the original sentence. The judge sentences the defendant to one year in jail, which is the maximum penalty for first-time DUI defenders. Here’s what you should know about filing a motion for reconsideration:Ī defendant who has been convicted and sentenced for a crime can file a motion for reconsideration if he would like to ask the judge for a lighter sentence.įor example, let’s say a defendant is convicted of driving under the influence (DUI). Fortunately, defendants may have one more chance to fight for a lighter sentence. However, these attempts are not always successful. During the sentencing hearing, the defense can attempt to persuade the judge to impose the lightest sentence possible on the defendant. That Bass Construction bases the City's liability for the payment upon the City's alleged failure to obtain a proper bond is irrelevant for purposes of 48-13-37.Defendants who are convicted of a crime can face a number of different penalties, including incarceration, fines, probation, and community service. The action thus "seeks to 'recover payment for performance on the contract' within the meaning of OCGA 48-13-37." Clover Cable at 345. By its action against the City under 36-82-102, Bass Construction seeks to recover payment due it for work it has performed under its subcontract. We held that the subcontractor's tort claims were barred by 48-13-37 because "in asserting claims, seeks 'to recover payment for performance on the contract,' within the meaning of OCGA 48-13-37." Clover Cable at 345 (8). In Clover Cable, the subcontractor brought not only a contract claim to recover for performance under its contract but also a tort claim. Instead, 48-13-37 precludes any action in which the relief sought is the recovery of payment for performance under the contract. Contrary to Bass Construction's contention, 48-13-37 does not preclude only a contract action by the nonresident contractor to recover payment for performance under the contract. Next, we address whether Bass Construction's action was subject to dismissal under 48-13-37. 2 In response to the motion, Bass Construction contended that 48-13-37 only prohibited actions to recover on a contract and was thus inapplicable to this action under 36-82-102 to recover for the City's failure to obtain a proper bond, and that it was not a nonresident contractor.Ģ. 1 The City moved to dismiss Bass Construction's action, contending that Bass Construction was a nonresident contractor that it had not registered with the State Revenue Commissioner as required by OCGA 48-13-31, nor executed and filed with the Revenue Commissioner the bond required by 48-13-32 and that therefore Bass Construction was not "entitled to maintain an action to recover payment for performance on the contract in the courts of this state." OCGA 48-13-37. Bass Construction sought to recover under OCGA 36-82-102, on the ground that the City failed to obtain a bond "in the manner and form required" by 36-82-102.
Bass Construction Company (hereinafter "Bass Construction"), brought this action against the appellant, the City of Savannah, to recover payment due it as a subcontractor on a city public works project.