Free MOTION FOR ALTERNATIVE SENTENCE (SCA-M701) - West Virginia

IN THE MAGISTRATE COURT OF State of West Virginia v. Criminal Case No.

COUNTY, WEST VIRGINIA

Defendant (Full Name) MOTION FOR ALTERNATIVE SENTENCE
1. Because of the possibility that the court will impose a continuous jail term as a penalty (and/or a fine in the case of community service) upon the defendant s conviction in this case, the defendant hereby requests that the court grant an alternative sentence instead of a continuous jail term (and/or a fine in the case of community service) as follows (initial appropriate choice or choices): unsupervised probation pursuant to W. Va. Code §50-2-3a OR, in the alternative, if available in this county, the county agency work program pursuant to W. Va. Code §62-11A-1a OR, in the alternative, if available in this county, the community service program pursuant to W. Va. Code §62-11A-1a in lieu of (mark the box that applies) jail time a fine jail time and fine OR, in the alternative, if available in this county, the weekend jail program pursuant to W. Va. Code §62-11A-1a OR, in the alternative, if available in this county, the home incarceration program pursuant to W. Va. Code §62-11B-1 et seq.; OR, in the alternative if available in this county, the day reporting center program pursuant to W. Va. Code § 62-11A-1a. 2. Defendant submits the following facts and reasons in support of this motion:

Date

Defendant or Defense Attorney Signature

ORDER: TIME-NOTICE AND BOND CONTINUATION
1. It is hereby ORDERED that the above motion shall be filed no later than and that failure to file the above motion, in the absence of an extension for good cause, shall constitute waiver of the right to file the motion. It is hereby ORDERED that, if the prosecuting attorney wishes to file a response to the above motion, he or she shall do so within two weeks after the filing of such motion and serve the same on the defendant and/or the defendant s attorney. (continued)

2.

SCA-M701-1NP/6-00

Motion for Alternative Sentence, page 2

Case No.

3.

It is hereby ORDERED that the sentencing hearing in this case shall take place at on . No further notice will be given unless the hearing is continued.

a.m.

4.

It is hereby ORDERED that the defendant shall remain on the bond already in effect until such bond is changed or released by this court.

Date

Magistrate Signature

CERTIFICATE OF SERVICE

I, document to the prosecuting attorney of this county on (date)

, hereby certify that I have delivered a copy of this , by hand by first-class mail.

Defendant or Defense Attorney Signature

SCA-M701-2NP/6-00