What Is Clemency?
Clemency is granted by a governor at the state level or by the President of the United States at the federal level. It offers relief to defendants who have already been convicted of a crime, usually by reducing their punishment or otherwise lessening the impact of a criminal sentence.
Clemency is not exonerating someone (declaring them innocent), and it is different from an expungement. It is a recognition that circumstances exist that justify reducing a penalty, whether because the person has demonstrated rehabilitation, the punishment was too harsh, or an injustice occurred.
Understanding clemency is important for those serving a criminal sentence.
Types of Clemency
Clemency can take several different forms, each of them offering some form of relief:
Pardon
A pardon forgives an offense altogether. It does not erase the conviction but lifts many of the civil consequences of a criminal conviction. This can restore important rights, such as voting, owning firearms, or holding certain professional licenses.
Commutation
Commutation doesn’t wipe out a conviction but instead reduces a sentence. For example, a life sentence may be reduced to a set number of years, or a death penalty sentence could be changed to life in prison.
Reprieve
A reprieve is not a reduction or forgiveness but a temporary pause in a sentence. It usually comes up in death penalty cases, where it delays an execution to allow for more review to determine if the death penalty is appropriate.
Remission of Fines or Restitution
This cancels or reduces any fines or restitution you may owe a victim or the court. This is typically done if it has become a significant hardship for you, and the appropriate authority determines justice would be better served if you didn’t have to continue paying these costs.
Clemency is ultimately a way to offer a second chance in the criminal justice system, giving certain authority figures the possibility of reducing a person’s sentence or the consequences they experience from having a criminal record.
The Clemency Application Process
Seeking clemency is a formal process that requires a lot of preparation. Whether at the state or federal level, applicants must typically follow strict procedures before the case is reviewed:
Filing a Petition
The first step is submitting a petition to the proper office. The Arizona Board of Executive Clemency handles this at the state level. In contrast, at the federal level, applications are filed with the Office of the Pardon Attorney within the U.S. Department of Justice.
Required Materials
An application usually includes court records, proof of completed sentences (or current sentencing status), letters of recommendation, and statements from the defendant explaining their rehabilitation or reasons clemency should be granted.
Review by Authorities
Once the petition is filed, it is extensively reviewed by the appropriate authorities. They will look at all the documents your lawyer put together in your application. They may also interview people who know you to determine if you deserve clemency.
Governor or President’s Final Decision
Even after a favorable recommendation, the governor for state crimes or the president for federal offenses has full authority to grant or deny clemency. This authority is absolute and cannot be appealed.
Clemency applications are difficult, and it often takes a long time to get an answer, but they sometimes give individuals a second chance. The best thing you can do is contact a criminal defense lawyer for help.
Contact Our Tucson Criminal Defense Lawyers at Katsarelis Law Criminal Defense Attorneys for Help Navigating Clemency
Navigating clemency or any criminal matter on your own can be overwhelming. A skilled criminal defense lawyer can provide experienced guidance and give you a real chance at getting clemency.
Here’s how:
- Help you prepare your petitions/applications to ensure they meet all requirements and are filed correctly
- Collect helpful documents like court records, recommendations, or rehabilitation records
- Explain complicated legal terms and procedures so you understand exactly what’s going on
When you work with the right lawyer, this complicated process becomes a little bit easier. Contact Katsarelis Law Criminal Defense Attorneys today to learn how we can help you with a clemency application. We’ll help you get a free consultation set up with one of our experienced Tucson criminal defense lawyers.
For more information, contact the Tucson [PRACTICE AREA] attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439