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

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

Archive