Why You Need to Work With a Clemency Lawyer
If you find yourself facing criminal consequences, feel that you’ve run out of options, but are still desperate for a second chance, a clemency lawyer can significantly benefit you. The path to seeking clemency can be complex, with legal jargon and complicated procedures. An experienced clemency lawyer can guide you through the entire process and increase your chances of a positive outcome.
Clemency is a means for ensuring that justice occurs when the court may have previously denied it. Many defendants have received harsh sentences for crimes they committed several years ago. Tough federal and state mandatory sentencing laws often mean that there is injustice for defendants who may have gotten extreme sentences for less serious crimes.
For example, often draconian federal sentencing laws can mean that many federal defendants have lengthy prison sentences for non-violent drug crimes because it is not their first conviction. President Obama used the power to grant clemency often during his presidency, especially for those who received federal drug crime sentences. President Trump issued 237 grants of clemency during his presidency.
Clemency is also a form of relief available to you on the state level. You may have had harsh sentencing results many years ago, and it is time to receive justice. When you seek any form of clemency, you are making a significant ask of federal or state officials because they have interests in the administration of justice. They will either free or take away nearly all consequences from someone who the court may have legitimately convicted of a crime. Alternatively, they may use their judgment when viewing someone’s prior conviction as suspect.
Either way, you must make the most compelling case for clemency when submitting an application. When you hire a St Petersburg clemency attorney for your case, they can manage the process. They can draft the application for clemency and conduct meetings on your behalf. At the same time, a clemency attorney can also devise the best strategy you may use to seek relief from the federal or state government.
Clemency vs. a Pardon
With a pardon, the court does not overturn the conviction entirely, but it will eliminate the rest of your penalties and restore your rights. It is commonly said that a pardon “forgives” the crime but does not “forget,” as the conviction is not expunged from your record. However, there are many ways that a pardon can help you in the short and long run.
Specifically, the following happens with a pardon:
- The governor or president will immediately release you if you are currently in prison.
- If you have lost certain civil rights, such as the ability to vote or possess firearms, the governor or president will restore them.
- The governor or president will restore any rights that you have lost.
Clemency can involve a pardon or it might not go as far. In some cases, clemency involves commutation, which reduces the penalties that are associated with a conviction. If the court sentences you to jail and you are currently serving time, commutation means the governor or president will release you.
A commutation of your sentence will not necessarily clear your name in the same way that a pardon will, but it can reduce some of the stigma associated with a conviction that may follow you for the rest of your life.
Your clemency lawyer will advise you about which option is better for you to seek. You have a more substantial chance of getting clemency, which involves a commutation of your sentence rather than a pardon. However, nothing says that a pardon is out of the question, depending on the facts and circumstances of your case.
The Clemency Process
The clemency process will vary based on whether it is a state or federal case. Each state may have procedures for reviewing clemency applications and forwarding them to the governor or president’s staff. Typically, there is a board that reviews requests for clemency and makes a recommendation to the president or governor. You will need to include evidence and support for your request, and you will want to file this application even before you know that the governor or president has a personal interest in your case. They will still give weight to the recommendations of a clemency board.
On the federal level, the Department of Justice has an Office of Pardon Attorney that assists the president in exercising pardon power. The president does not need to review cases independently or wade into the pardon process without knowledge of an individual case.
State Clemency vs. Federal Clemency
Of course, the person who can grant clemency depends on where the conviction occurred. If the defendant gets tried at the state level, the state governor can ultimately grant clemency and may listen to the recommendation of a clemency board. The governor may have an agenda and interest in the case. Often, a governor may recognize that someone has already served time and paid the price for a conviction. In other cases, they may acknowledge that there was a travesty of justice.
On the federal level, the president is the only person who can grant clemency to a defendant, and they may do so at any point during their term. In many cases, the president will issue a large batch of pardons and clemency decisions at the conclusion of their term in office.
Federal Pardon Standards
Five principles apply to pardons on the federal level that you will typically need to meet before qualifying. These standards are:
- Your conduct, character, and reputation during the conviction (this standard measures whether you are ready to return to society and become a productive member of it)
- The seriousness of the offense and when it occurred (meaning how long ago it was)
- Your acceptance of responsibility and your acknowledgment of the severity of your actions
- Any legal effects of your conviction, such as the loss of a professional license
- Referrals from others (which is where political connections and public relations come into play)
Your clemency attorney will assist you with your application to ensure you have made the most compelling case possible. The president will rarely go against the opinion of the Department of Justice, especially when they are opposed to a pardon. However, the president may act independently during certain circumstances based on their political considerations. Some administrations work closely with the pardon attorneys at DOJ, while others may go around them.
Clemency in High-Profile Cases
Numerous external factors can either help or hurt a request for clemency. Public pressure may be on the clemency board or reviewer for a particular result. For example, the crime at issue may have been well–publicized when it occurred, and the victim’s family can be mounting a pressure campaign against clemency or any other legal relief.
At the same time, there may also be a groundswell of public support for a clemency application because there is a recognition that justice did not occur in the first place. Even if a conviction was fair, the sentencing may have been fundamentally unfair because it was subject to mandatory minimums. A clemency lawyer can also help the case in the court of public opinion to mobilize support for any application. Public and political pressure can help pave the way for a clemency petition.
Why You Need an Attorney for a Clemency Case
There are many moving parts when you are seeking clemency relief. You will need someone who has the relationships necessary to get your clemency case on the radar of people who have the power to move your case forward. Someone in the governor’s office or at the Department of Justice may take your application much more seriously if it was prepared by a clemency lawyer, especially one whose name they may recognize.
Federal and state officials do not grant clemency to just anyone, and many people think it only occurs when there is an involvement of political expediency. Federal and state officials actually have an interest in ensuring that justice happens, which means they are more inclined to recommend relief. Your clemency attorney can prepare your application in the most persuasive way possible to give you the most compelling case.
Then, you can expect that there will be numerous meetings related to a clemency request. Your clemency attorney may need to sit down with state or federal officials preparing to make a recommendation to the governor or president. A clemency attorney can make your case to these officials face-to-face to give them a more favorable opinion of your request. You need someone who can state your case; a clemency attorney can do that.
There are many different aspects to the clemency process. Of course, it involves legal issues since clemency is inherently a legal matter. Then, there is a public relations aspect to your case. If justice did not occur in your case, the public needs to know about it so they may also speak up on your behalf.
Most importantly, you need someone who understands the clemency process and can guide you through the system. Clemency or a pardon sounds helpful in theory, but many things must happen before one can get granted. The process may take years from start to finish, and there may be glimpses of progress followed by periods of disappointment. Obtaining clemency is rarely a linear process, and you need someone who understands both the law and how the system works to give you the best possible chances of making it happen.
Why You Need a Clemency Lawyer Early in the Process
You always want to put your best foot forward when seeking clemency. If you try to raise the issue on your own or submit an application that does not appear persuasive and compelling, you may make a negative first impression on any clemency board. Suppose you hired a clemency lawyer after you have already taken steps on your own. In that case, you may be working to overcome a negative stigma associated with your application.
If you file a clemency application independently, you may make mistakes that can delay the process. There are often strict requirements for these applications that you need to meet to have them fully and fairly considered by a board. A clemency lawyer can help build and maximize your chances of success with your application.
A Clemency Attorney Can Manage Expectations
Your clemency lawyer can also assist the family with various matters. They can advocate for a family’s rights or connect them with resources that they may need when a loved one gets incarcerated.
Contact a Clemency Lawyer Now
The path to seeking clemency can be challenging and overwhelming, but with the assistance of a clemency lawyer, you can significantly improve your chances of success. Their knowledge, experience, and dedication to your case can make all the difference. Do not leave your future to chance – consult with a clemency lawyer today and take the necessary steps towards a better tomorrow.