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

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

Archive