Criminal Defense Lawyer Blog

Archive for the ‘pardon’ Category

Federal Presidential Pardon

Monday, November 2nd, 2009

When convicted of a federal crime, you can ask to be pardoned for your crimes, but only from the President of United States of America. The pardon application goes through the Department of Justice through the office of the Pardon Attorney.

The President has the power to grant amnesty, commute a sentence, or grant a full pardon for any offense against the United States. However, the President cannot pardon a person for an offense committed against a state. Amnesty means that you are immune from prosecution for a specific act. The best example, would be granting amnesty to all people who peacefully resisted being drafted for a war they opposed. In that instance, if the government was about to charge draft dodgers with a crime, the president could grant amnesty to all of those people.

A commutation is where the President does not remove the record of the conviction, but removes all of part of a sentence. An example of this is when I. Lewis “Scooter” Libby was convicted of crimes, he received a sentence of 30 months in jail. Then President George W. Bush commuted the sentence. In that instance, Libby still remains a convicted felon.

A pardon full removes the conviction, and reinstates all rights of the individual to their rights as they were before the prosecution that caused them to be convicted.

Clemency is a word used to describe the entire umbrella of pardons, commutations and amnesty.

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Pardon

Friday, September 4th, 2009

In Pennsylvania, if you are convicted of a felony or a misdemeanor, you can not get your record expunged, you must get a pardon. A pardon is sometimes referred to as clemency. If someone is in custody serving a death sentence, they can ask to have their sentence commuted to a life sentence. If someone is serving a life sentence or a sentence to a term of years, you can ask to have your sentenced commuted, you would be released but have the conviction remain.

To get a pardon, comutation or clemency in Pennsylvania, you must fill out an application. After the application, you must wait to hear if you get a hearing. At the hearing you must get three yes votes to get a recommendation for the pardon or commutation.

In reviewing a case for a pardon, I consider four factors. The first three are: why does the person need a pardon, why does the person deserve a pardon, what has the person done to give back to society.

The fourth factor is the individual’s view of the crime that occurred. The individual can say either that the crime occurred and accept full responcibility for the act, or in the alternative deny the act and have the crime reinvestigated. Obviously, the latter would be exceedingly difficult to show.

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