Finding an Error in the Sentencing Order
Read over your sentencing order carefully. When you receive your sentencing order, you must look it over carefully with your attorney to ensure there are no errors. Although this isn't necessarily a matter of shortening or reducing your sentence, keep in mind that you will serve the period of time written on your sentencing order.
Compare the sentencing order to the trial transcript. If you have any questions about your sentencing order, compare it to the original trial transcript and make sure the document matches the judge's orders. Any mathematical, technical, or other clerical errors can be corrected if either you or the judge notices the error. For example, if the judge sentenced you to 7 years, but your sentencing order states you were sentenced to 70 years, that's clearly a clerical error and can be corrected if you notice and point it out immediately.
Alert the judge to any errors. If there is an error in your sentencing order, you should tell the judge as soon as possible. The federal rules only allow a judge 14 days to correct an error in a sentencing order. After that, she can do nothing. States may have their own rules concerning how long a judge has to correct an error in a sentencing order.
Cooperating After Sentencing
Acquire information about another crime. Federal Rule 35 and corresponding state rules provide for your sentence to be reduced if you give information to the state about other crimes. Typically you must seek reduction within a year of when the judge announced your sentence. However, there are some exceptions where you may be eligible for a reduction even after a year. If you acquire new information, you should talk to your attorney and let the prosecutor know as soon as possible, even if you've been in prison for more than one year, if you want to get your sentence reduced. If a prosecutor promises to get your prison sentence reduced if you work for him on the inside and gather information about the case, but after a year the prosecutor has not filed a motion to have your sentence reduced, talk to your attorney and find out what you should do in those circumstances. If you are considering cooperating with prosecution to get your prison sentence reduced, you should also talk to your attorney. Experienced defense attorneys understand the risks you take in assisting prosecution while you are behind bars, and will help you minimize those risks and protect yourself and your family.
Tell the prosecutor what you know about the other crime. If you talk to another criminal, either in prison or out, and he gives you information about another crime, sharing that information with a prosecutor can get your prison sentence reduced. Any information you share within one year of being sentenced can be helpful in reducing your sentence. You can have your sentence reduced even after a year if you have new information to offer that you just learned, or if you gave information to the prosecutor within your first year, but it didn't become helpful until later on. If you have information within a year of your sentencing, but you didn't tell prosecutors because you didn't think it would be helpful, you can share it later and still be eligible for a sentence reduction, provided you share the information as soon as you realize it might be helpful. For example, suppose you knew where a friend was keeping his money, but you didn't realize your friend was the subject of a criminal investigation, so there was no need to give prosecutors this information. However, two years after you've been sentenced to prison you see a news report indicating that prosecutors are looking for this money stash. If you inform prosecutors of what you know immediately, you may be eligible to have your sentence reduced.
Request the prosecutor file a motion to have your sentence reduced. If the information you provide leads to a conviction in the other crime, the prosecutor can file a motion to have your sentence reduced in exchange for your cooperation. Cooperation doesn't guarantee the prosecutor will file a motion. Prosecutors only file motions to have prisoners' sentences reduced if the cooperation amounts to substantial assistance in the criminal case. What constitutes substantial assistance will vary from prosecutor to prosecutor.
Petitioning for a Commutation
Verify that you qualify for a commutation. Only certain prisoners qualify for a commutation under federal or state law. Only the president has the power to commute federal sentences, and only governors have the power to commute state sentences in most states. Prisoners typically earn commutation through good behavior, so if you've gotten into trouble while behind bars, your odds of getting your sentence commuted are extremely low. Generally, any federal sentence is eligible for commutation, except one related to impeachment or treason. States may further restrict the types of sentences eligible for commutation. Your attorney will be able to tell you if you are eligible for commutation, or you can check with your state's department of paroles and pardons. State governors have the power to convert consecutive sentences into concurrent sentences. Many states also allow their governors to commute a death sentence to a life sentence without the possibility of parole. In some states, the governor also has the power to commute a life sentence into a sentence for a definite term of years.
Complete any court challenges. Before you apply for a commutation, you should make sure you've already exhausted any other means of reducing your sentence. Petitions for commutation typically aren't accepted by the governing authority until you've completed any appeals or other court proceedings involving your case. This eliminates any redundancy by ensuring that you're not asking for a commutation of a sentence until that sentence is final.
Fill out the form to petition for a commutation. Both state and federal governments have forms you can fill out to petition either the president or the governor of the state for a commutation of your sentence. If you want a state criminal sentence commuted, you should not fill out and submit the federal petition. The president does not have the power to commute sentences imposed for violations of state law. State petitions for commutation can be found by contacting the governor's office or your state's department of paroles and pardons. Type or print all your answers legibly in blue or black ink, and complete each item fully and accurately.
Attach any supporting documents or information. If you have any information that might support your petition for a commutation, you should include it along with your petition. If you have additional information that supports or reinforces your answer to any question, attach a copy of that documentation to your petition. For a federal petition and many state petitions, you may be required to include a copy of your criminal record – particularly if you have any additional arrests or criminal charges.
Submit your petition to the appropriate office. Once you've completed your petition form along with all supporting documents, submit it to the state or federal office in charge of reviewing commutation petitions. For example, if you are filing a petition for commutation of a federal sentence, you must send it to the Office of the Pardon Attorney at the U.S. Department of Justice. If you are filing a petition for commutation of a state sentence, you can contact your state's department in charge of paroles and pardons to find out where the petition should be sent.
Wait for a response to your petition. After you file your petition, you must wait for a response accepting or denying your request for a commutation. The Constitution provides the president with authority to commute or reduce prison sentences for those convicted of federal crimes. The president also can reduce the amount of a fine, provided you haven't already paid it. If your federal petition is denied, you can apply again one year from the date of the denial.
Comply with all conditions. If there are conditions attached to your commutation, make sure you fulfill them exactly. Since commutations are based in rehabilitation, nearly all commutations are conditions on being a law-abiding citizen after you leave prison. Governors may attach other conditions to commutations, which typically are upheld by courts as long as they're reasonable. Violation of any of the conditions of your commutation usually means your commutation will be revoked and your original sentence will be reinstated. The conditions of commutation only last as long as your original sentence would have lasted. After that, the commutation is permanent and you cannot be sent back to prison to serve any more time for that particular criminal conviction.
Completing Alternative Programs
Research alternative programs available in your state. Many states have rehabilitation programs available that you can complete to reduce your sentence. For example, states such as Florida and Washington have introduced alternative programs that provide employment assistance and counseling. Other states such as Vermont no longer sentence people convicted of misdemeanors or nonviolent felonies to prison, instead sentencing them to probation. In other states such as Pennsylvania and Washington, you may be able to reduce your prison sentence by completing rehabilitation or substance abuse programs or vocational training.
Apply to join the federal Residential Drug Abuse Program. If you complete RDAP you can succeed in getting your sentence reduced. RDAP is a voluntary program for federal prisoners with substance abuse problems. After completion of the 9- to 12-month program your prison sentence can be reduced by up to one year if you were convicted of a non-violent crime. Generally, you are eligible for RDAP if you have a verifiable substance use disorder, are willing to participate in the program, and have at least 24 months remaining on your sentence. The federal Bureau of Prisons also has a 12-week nonresidential drug abuse treatment program available for inmates with shorter sentences so may not meet the criteria for RDAP.
Get time off for good behavior. One of the most common ways to get your prison sentence reduced is to behave appropriately and follow all the rules while you are incarcerated. Many states have instituted "earned time" or "good time" credits that allow lower-risk prisoners to be released early. Avoid getting caught up in any misbehavior by other prisoners, even if you don't mean to take part in it. If you see inmates causing a serious disturbance, such as a riot, get as far away as possible from where it is happening. Otherwise, you could be mistaken for a participant in such a disturbance.
Filing a Motion
Demonstrate extraordinary circumstances. Typically courts are willing to reduce your sentence in cases of extraordinary circumstances such as terminal illness. Federal law allows a sentence reduction or modification upon motion filed by the Director of the Bureau of Prisons.
Work with the Director of the Bureau of Prisons. Federal law requires the Director must file a motion on your behalf seeking a reduction in your sentence. The Director may file a motion for the reduction of your sentence if you are 70 or older, have served at least 30 years on a life sentence, and the Director believes you are no longer a danger to the public. Individual states may have their own laws allowing for the reduction of a sentence under similar circumstances.
Show the sentencing guidelines were reduced while you were serving your sentence. Sentence reductions sometimes are available if you were sentenced according to specific guidelines, and those guidelines were later lowered. Some states have reduced or eliminated mandatory minimums, so if you were sentenced under a mandatory minimum law that has since been abolished, you might be able to file a motion and have your sentence reduced accordingly.
Comments
0 comment