Cofer Luster Criminal Defense Lawyers | June 1, 2025 | Federal Charges

What Is Federal Rule 35?

If you are charged with a federal crime, you may hear about Federal Rule 35 during your case or after sentencing. This important rule can offer certain defendants an opportunity to seek a reduced sentence, but it comes with strict guidelines and conditions.

Learning about how Rule 35 works is key if you or a loved one is involved in the federal criminal justice system. Here’s a closer look at what it is and how it may apply to your situation.

What Does Federal Rule 35 Do?

Federal Rule of Criminal Procedure 35 allows for the possibility of reducing a federal prison sentence in two primary situations:

  • When the defendant provides substantial assistance to the government after sentencing
  • When the court identifies a clear error in the original sentence

Of these two, the first situation is the most common. In many federal cases, defendants may choose to cooperate with investigators by providing helpful information that helps the government pursue other cases. If this cooperation leads to significant results, the U.S. Attorney can ask the court to reduce the cooperating defendant’s sentence.

How Rule 35 Substantial Assistance Works

When someone helps the government after sentencing, a Rule 35(b) motion may be filed. 

This process typically works like this:

  • The defendant provides substantial assistance by helping with ongoing investigations or prosecutions.
  • The government evaluates the value of this assistance.
  • If the government believes the help was significant, it can file a Rule 35(b) motion to request a sentence reduction.
  • The court has discretion to decide whether to grant the request and by how much to reduce the sentence.

It is important to note that only the government can file this motion; the defendant cannot file it independently. This means that cooperation must be coordinated carefully with your defense attorney and prosecutors.

What Counts as Substantial Assistance?

Substantial assistance generally means providing information or cooperation that:

  • Leads to the arrest or conviction of other individuals
  • Helps uncover criminal activity
  • Assists in ongoing investigations
  • Strengthens the government’s case in a meaningful way

The assistance must go beyond what is already known or expected. The court and prosecutors will evaluate both the quality and impact of your cooperation when deciding whether to pursue a Rule 35 reduction.

Correcting a Clear Error Under Rule 35(a)

Rule 35 also allows for a sentence correction in a very narrow situation. Under Rule 35(a), the court can correct a sentence if it contains a clear error.

However, this correction must happen very quickly, usually within 14 days of sentencing. Rule 35(a) is not a tool for seeking a lighter sentence based on new arguments or evidence. It applies only when the sentence is legally incorrect due to an apparent mistake.

Federal sentencing is a complex process, and Rule 35 can be a valuable opportunity in certain cases. However, navigating this rule requires careful strategy and skilled legal representation.

An experienced Texas criminal defense attorney can:

  • Advise you on whether substantial assistance may help your case
  • Communicate with prosecutors about potential cooperation
  • Ensure your rights are protected during the process
  • Advocate for the best possible outcome in any Rule 35 proceeding

If your defense lawyer is not familiar with how Rule 35 works, you could miss out on a valuable opportunity to reduce your sentence.

Contact the Texas Criminal Defense Attorneys at Cofer Luster Criminal Defense Lawyers for Help Today

Federal charges carry serious penalties, but opportunities like Federal Rule 35 can sometimes offer a path to a shorter sentence. If you or a loved one is facing federal prosecution or has already been sentenced, consult an experienced Texas criminal defense attorney at Cofer Luster Criminal Defense Lawyers for a confidential consultation.

Your lawyer can evaluate whether Rule 35 may apply to your case and guide you through the process while protecting your legal rights every step of the way.

For more information, please contact the Federal Crimes law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102