DGAA bLAWg

Department of Justice Expands Clemency Opportunities

Web Admin - Thursday, May 01, 2014

The Department of Justice (DOJ) recently released changes to the rules that govern which offenders are eligible for clemency. The changes are targeted at federal drug offenders who may have received particularly harsh sentences based on mandatory minimum sentences or other sentencing procedures that are now deemed unfair. The changes affect the 216,000 inmates currently in federal prisons, though preliminary estimates suggest that only approximately 2,000 inmates would be eligible for clemency under the new rules.

What Is Clemency?

Clemency is a power granted to the President under the Constitution that allows him to affect the sentences of federal inmates. Ordinarily, the Office of the Pardon Attorney, a branch of the DOJ, examines the applications initially, and makes a recommendation to the Deputy Attorney General. The Deputy Attorney General then passes their own recommendation on to the President who makes the final decision.

Clemency comes in two forms, a pardon or a commutation of a sentence. A pardon represents the President’s forgiveness of the offender for the crime, and often signifies reform or good behavior. This type of clemency will also remove many civil disabilities that come along with a conviction, such as loss of the right to vote or hold state office. Conversely, a commutation is a lesser type of clemency, which can reduce or eliminate a person’s sentence, but will not remove civil disabilities. Importantly, neither type of clemency reverses a conviction or in any way implies that the pardoned offender is innocent.

The New Rules

The new rules released by the DOJ do not replace the old clemency standards, but instead expand on them. They are mainly targeted at drug offenders, but could apply to any inmate with a conviction for any low-level nonviolent offense. The six criteria that the DOJ will examine are:

  • - The inmate must be serving a federal sentence that would be substantially lower if the inmate were convicted of that same offense today;
  • - The inmate must be a “non-violent, low-level” offender with no strong connections to serious criminal organizations, gangs, or cartels;
  • - The individual must have served at least 10 years of their term in prison;
  • - The inmate must not have a large history of criminal activity;
  • - The inmate must have had good behavior while incarcerated; and
  • - The inmate must not have a history of violence either prior to their incarceration or during it.

While meeting these criteria does not necessarily qualify an inmate for clemency, the DOJ has stated that they would “prioritize” clemency applications from people in these categories since they believe that they may be “especially meritorious.”

If you believe that you or a loved one could qualify under these new, expanded clemency standards, seek advice from a skilled Illinois criminal defense attorney. Our team has experience handling cases from across the northwest suburbs, including in Rolling Meadows, Palatine, and Schaumburg.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Retaliatory Discharge Buffalo Grove personal injury lawyer Schaumburg real estate lawyer Crystal Lake car accident attorney pedestrian accidents insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys truck collisions ACA Arlington Heights wills and trusts attorney liability Schaumburg civil litigation attorney LLCs Barrington employment attorney caregiver Schaumburg employment attorney estate planning auto accidents privacy laws traffic offenses small business icy parking lots Palatine injury attorney Crystal Lake traffic attorney sexual harassment manufacturing Rolling Meadows corporate lawyer Riverwoods estate planning lawyer DNR product liability mortgage deadly crashes Barrington estate planning attorney jet ski preventing accidents Mount Prospect wills and trusts lawyers living wills medical marijuana natural gas living trust vs will Arlington Heights trucking lawyer Deer Park criminal attorney anesthesia errors overtime pay Rolling Meadows employment law attorneys Arlington Heights lawyer car collision Crystal Lake employment law attorney how to avoid common denials of life insurance claims pet bites Crystal Lake accident attorney Joliet general practice lawyers insurance claim denial drug possession construction accidents Barrington attorney car crash injuries trench injuries Des Plaines personal injury attorney Long Grove wills and trusts attorneys health insurance dispute first degree murder cell phone accidents Buffalo Grove employment lawyer drug crimes special needs trust Rolling Meadows criminal lawyer Schaumburg elder law lawyer work unions Palatine estate planning lawyer Buffalo Grove criminal defense lawyer Long Grove real estate attorney Rolling Meadows personal injury attorney bad faith insurance claims Rolling Meadows personal injury lawyer Rolling Meadows traffic attorney Illinois civil litigation lawyer Des Plaines personal injury lawyer Illinois life insurance Illinois tax attorney Chicago employment lawyer Arlington Heights Attorney forming a corporation in Illinois most common reasons for life insurance claim denials Des Plaines Traffic Lawyer Schaumburg criminal law attorney real estate leasing Des Plaines injury law firm privacy construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Inverness traffic law firm underage DUI caretaker rights Des Plaines collections attorney Barrington estate planning lawyer brain injury Legal Info Palatine drug lawyer condo association trust payments fault based insurance Des Plaines criminal attorney Crystal Lake traffic lawyer texting while driving power of attorney denial of insurance claim Inverness accident lawyer trucking accident lawyers Rolling Meadows DUI lawyer Chicago trucking accident attorney Buffalo Grove personal injury attorney institutional trustee criminal Buffalo Grove traffic attorney low-ball insurance settlement Illinois medical malpractice claim Chicago will attorney car crashes Illinois workplace lawyer Illinois pedestrian accident attorney traumatic brain injuries real estate lawyer Palatine workers compensation lawyer top life insurance claim denials Rolling Meadows traffic crimes Illinois law homestead rights loopholes Palatine criminal defense lawyer Crystal Lake civil litigation lawyer boating under the influence Buffalo Grove insurance claim dispute lawyers bike accident Buffalo Grove life insurance attorney Schaumburg probate attorney Schaumburg Do Not Resuscitate CAM Inverness insurance attorney Illinois estate planning law firm Illinois insurance attorney Schaumburg car accident attorney drunk driving statistics Des Plaines DUI attorney employee misclassification suspended license Barrington criminal lawyer Policy Cancellation Landlord Tenant Ordinance Arlington Heights employment law attorneys Chicago life insurance attorney medication errors gift taxes ken apicella Illinois lawyer right to work Des Plaines personal injury lawyers license reinstatement unpaid assessment car crash accidental death benefits jet ski accidents Illinois Smoke Detector Act Illinois traffic laws Chicago employment attorney Thanksgiving insurance denials probate process subcontractor traffic laws estate tax pregnant women clemency Palatine construction attorney Illinois personal injury attorney Rolling Meadows Traffic Lawyer Illinois personal injury lawyer trucking accidents guardianship attorney Palatine traffic accidents Des Plaines tax law firm estate planning lawyer personal injury claims Illinois Workers’ Compensation Commission Illinois speeding lawyer estate planning for college students Kenilworth estate planning attorney Palatine punch death civil litigation attorney Illinois personal injury lawyers DUI attorney pizza emoji Rolling Meadows estate planning attorney GM ignition switches financial advisors defective products lawyer pedestrian injuries, pedestrian fatality Palatine corporate attorney BAC Illinois home inspection license revocation Forcible Entry nursing home negligence Rolling Meadows boating crash lawyer Transfer on Death Instrument insurance negligence rollover car crashes Des Plaines real estate lawyer Exclusions Illinois car accident attorney IRELA School Visitation Rights Act medical research back injuries digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers insurance agents Schaumburg personal injury attorney Rolling Meadows real estate attorney Crystal lake insurance dispute attorney IRS dram shop law Home Sale Contingencies Inverness corporate attorney Illinois red light cameras meal breaks South Barrington real estate attorney Illinois employment attorneys Arlington Heights accident attorney comp time sexual images Illinois Wage Payment and Collection Act criminal record Des Plaines insurance attorney rent to own real estate contracts social media after death internet insurance claim dispute traffic tickets advance healthcare directive Illinois Sales Representative Act Illinois wrongful termination lawyer pain and suffering Illinois jet ski accident lawyer Schaumburg traffic lawyer Illinois business lawyer Buffalo Grove corporate attorney Illinois injury lawyer Crystal Lake pedestrian accident lawyer bicycle accidents Palatine probate lawyer Chicago estate planning murder defense Inverness estate planning lawyer Rolling Meadows personal injury lawyers pay when paid contract loss of consortium Illinois insurance lawyer Arlington Heights wills and trusts lawyer Barrington employment law attorney civil rights violation spinal cord injury Chicago corporate attorney Illinois personal injury murder attorney fees workers compensation Arlington Heights medical malpractice lawyer Illinois mortgages field sobriety test Whistleblower Claims Inverness real estate lawyer Illinois will lawyer Illinois real estate lawyer South Barrington real estate lawyer Illinois business law atorneys insurance attorney Illinois corporate lawyer BAIID life insurance lawyer insufficient documentation employees BUI Buffalo Grove injury lawyer Palatine civil litigation lawyer Illinois DUI attorney insurance agent negligence hiring employees Illinois employment lawyer estate planning trusts Barrington workers compensation attorney criminal defense pedestrian-automobile accident Crystal Lake law firm Inverness real estate attorney Illinois rollover accident lawyers llinois Real Estate Lawyers Association Barrington Illinois estate planning lawyer head on collisions real estate Fourth of July Palatine law firm Chicago car accident lawyer Buffalo Grove law firm Arlington Heights tax lawyer wrongful death Illinois insurance dispute lawyers denied insurance claim Barrington real estate lawyer workplace sexual harassment federal regulations for LLCs Rolling Meadows insurance dispute lawyers, insurance dispute Inverness personal injury attorney Deer Park real estate law firm liability claims reckless homicide problem employees Schaumburg drug defense lawyer deed transfer Mount Prospect real estate lawyer breach of contract Chicago lawyer healthcare claims motorcycle accident lawyer power of attorney for healthcare elder abuse material misrepresentation employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Palatine employment lawyer Palatine Attorney Illinois registered agent food poisoning child safety Schaumburg personal injury lawyers Des Plaines medical malpractice attorney underinsured motorist Rolling Meadows drug defense attorney Barrington Traffic Lawyer license Des Plaines civil attorney Rolling Meadows insurance attorney Crystal Lake bike accident lawyer traumatic brain injury Illinois criminal defense attorney filing a medical malpractice claim Rolling Meadows employment law attorney crossover accidents probate lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Crystal Lake tax lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, Barrington life insurance lawyer Illinois attorney Crystal Lake injury attorney probate fees Illinois insurance claim dispute lawyers Illinois job attorney dynasty trusts Inverness elder law lawyer Arlington Heights wills and trusts lawyers civil litigation Self-Directed IRA Accounts DUI defense Illinois insurance claims lawyers Illinois medical malpractice lawyers Illinois pet lawyer Rolling Meadows medical malpractice lawyers Chicago insurance law firm investment property Arlington Heights personal injury attorney Affordable Care Act Illinois bicycle safety startup company Inverness DUI lawyer changes to mortgage law Illinois insurance disputes DUI personal injury law firm personal injury claim employee rights real estate zoning independent contractor lapse in policy golf accidents in terrorem provision slip and fall accidents Inverness injury lawyer automated cars estate planning attorney car accident lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Barrington civil litigation attorney Food and Drug Administration's Food Safety Modernization Act speeding Attorney Ken Apicella employment lawyer spinal cord injuries Long Grove real estate lawyer Liquor Control Act FMLA Illinois real estate fatal car accidents marijuana Illinois traffic ticket lawyer business litigation commercial leases Schaumburg construction accident lawyer Illinois employment law firm Illinois wills and trusts Crystal Lake pet attorney employee discrimination Illinois estate planning attorney Palatine traffic lawyer home inspection lawyer Schaumburg personal injury lawyer controlled substance car accident insurance adjusters eluding a police officer slip and fall unfunded trust hands free device Schaumburg criminal attorney Crystal Lake medical malpractice attorneys Arlington Heights criminal lawyer real estate attorney insurance dispute attorney insurance claim delay Illinois probate lawyer Chicago insurance claim attorneys Rolling Meadows insurance lawyer commercial leasing rollover accidents Fair Labor Standards Act beneficiary complications Des Plaines claims law firm employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, drug crimes lawyer Barrington medical malpractice lawyers employment law, Illinois employment laws Crystal Lake insurance lawyer Barrington boating accident attorney residential real estate Schaumburg insurance lawyers Palatine life insurance lawyer Family Medical Leave Act Crystal Lake car accident lawyer Palatine civil attorney Illinois traffic attorneys wrongful termination owner responsibility Crystal Lake employment attorney traffic violations defense probate claims process Arlington Heights traffic attorney life insurance policy blood alcohol content Palatine trusts lawyer pet law insurance claims Illinois Trust Code Arlington Heights real estate lawyer Crystal Lake medical malpractice lawyer Des Plaines real estate attorney Crystal Lake personal injury lawyer Colin H. Gilbert Schaumburg employment law attorneys Palatine personal injury lawyer traffic deaths real estate closing Arlington Heights pedestrian accidents Super Mario DMV Palatine employment attorney Illinois Probate Act of 1975 wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace insurance claim dispute attorney Inverness probate lawyer healthcare digital evidence capital gains tax defective products agent Long Grove estate planning attorneys rest breaks cell phone Arlington Heights car accident lawyer Crystal Lake personal injury attorney probate real estate attorneys life insurance claims contracts wage theft drug crime insurance denial appeals involuntary manslaughter Rolling Meadows life insurance claim denial attorney Chicago biking tips Arlington Heights wills and trusts attorneys Buffalo Grove real estate attorney construction contracts Schaumburg medical malpractice lawyer Arlington Heights estate planning attorney trauma after an accident unauthorized overtime Inverness civil lawyer trustee no contest clauses Illinois workers compensation lawyer Schaumburg estate planning attorney fiduciary rule vacation home fines Schaumburg Attorney Des Plaines motorcycle accident attorney Barrington personal injury lawyer Schaumburg wrongful death attorney real estate contract Arlington Heights injury attorney preventable medical errors commercial real estate Illinois workplace discrimination attorney boating DUI elder law Barrington injury attorney Palatine real estate lawyer texting and driving Rolling Meadows tax attorney Palatine insurance lawyer Illinois employee rights attorney. severance agreements Illinois Transfer on Death Instrument Rolling Meadows business lawyer Home Remodeling Repair Act Colin Gilbert medical malpractice personal injury accidents corporate law Arlington Heights TBI attorney fiduciary rule delay Deer Park employment law attorney Des Plaines pet law attorney Crystal Lake medical malpractice law firm college kids Illinois driving without license Rolling Meadows car accident lawyers Illinois trucking safety Des Plaines drug lawyer Deer Park DUI lawyer Des Plaines accident attorney living trust irrevocable trust holiday statistics Deer Park accident attorney probate claims coronavirus Arlington Heights employment attorney cell phone tower data Crystal Lake employment lawyer Buffalo Grove car accident lawyer TBI Palatine corporate law attorneys job lawyers Schaumburg life insurance attorney natural gas explosion products liability Des Plaines drug crimes lawyer murder charges living trust benefits estate attorney Rolling Meadows insurance dispute lawyers personal injury foreclosure personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys federal crimes Illinois employment law paid sick leave life insurance claim denial, denial of life insurance claim Deer Park medical malpractice attorney trusts medical malpractice claims Illinois estate planning Illinois elder law attorney DGAA premises liability insurance dispute distracted driving accident victims expungement Long Grove estate planning Illinois insurance claim dispute lawyer Arlington Heights personal injury lawyer medical malpractice compensation workers comp Barrington business law firm Deer Park traffic accident attorney Illinois boating accident lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers insurance claim Schaumburg injury lawyer Illinois LLC creation modern family estate planning appealing an insurance claim traffic violations Barrington personal injury attorney estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, compensatory time medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers surgical mistakes driving insurance claim denials Illinois wills and trusts attorneys wills and trusts Buffalo Grove medical malpractice lawyers Rolling Meadows Attorney Schaumburg corporate attorney Deer Park workers compensation lawyer dog bites Des Plaines Rolling Meadows probate lawyer Crystal Lake will lawyer Barrington drug crime attorney Barrington criminal defense lawyer Rolling Meadows traffic law firm Palatine employment law lawyer whistleblower protections PTSD drunk driving Kenilworth estate planning lawyer motorcycle accident Illinois traffic attorney breathalyzer test Federal Food Drug and Cosmetic Act license suspension car accidents underfunded trust Illinois employment law attorneys Employment Discrimination Law comparative negligence Crystal Lake business law attorneys Barrington litigation attorney Buffalo Grove probate lawyer new real estate form pedestrian accident traffic accidents Palatine business attorney Rolling Meadows accident lawyer employment attorney Illinois motorcycle accident lawyer Illinois small business Crystal Lake criminal defense attorney minimum wage tax attorney car accident lawyers Illinois Human Rights Act bicycle dooring accidents Arlington Heights insurance attorney uninsured motorist revenge porn personal injury lawyer disability benefits overtime violations Arlington Heights car crash attorneys Illinois insurance claim attorney creditors wills hit and run accident denied insurance claims workers compensation benefits boating accidents blended families Chicago attorney Rolling Meadows criminal attorney vacation home consent to a search condo IRA trust transfer Crystal Lake estate planning lawyer digital information Schaumburg estate planning lawyer Deer Park traffic lawyer mass shooting operating agreements Illinois living will insurance disputes Mount Prospect elder law attorney employment contract IRA benefits employment law cause-of-death exclusions swimming pools Illinois trusts attorney dealing with problem employees Class A misdemeanor installment contracts Illinois defective products attorney rumble strips ObamaCare personal injury attorney DUI penalities Illinois traffic accident lawyer senior citizens Long Grove estate planning attorney distracted driving accidents Kenilworth estate planning attorneys Rolling Meadows litigation lawyer landlord tenant law income distribution deducation Illinois employment law attorney Palatine elder law attorney Illinois medical malpractice attorney Schaumburg estate attorney Chicago traffic lawyer foreclosed rental property sole proprietorship criminal law Chicago estate planning lawyer Deer Park personal injury lawyer Buffalo Grove traffic lawyers Illinois workers compensation attorney Barrington employment law firm POA Deer Park motorcycle accident lawyer unpaid overtime denial of life insurance insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois construction accident attorney FSLA Illinois medical malpractice case Mt Prospect Attorney taxes Illinois employment laws estate plan Jay Andrew liens Detainer Actions Rolling Meadows employment attorney Arlington Heights Traffic Lawyer marijuana crimes attorney drugs Illinois collections attorney landlord Rolling Meadows marijuana attorney digital assets

Archive