find a attorney in texas who can help get a lesser sentence because of sentence

How can I get my sentence reduced in Texas?

Mar 19, 2021 · It is important to have the assistance of an attorney when requesting a sentence modification. They can assist in presenting the best possible case as well as presenting favorable evidence, such as good behavior while incarcerated. A court is unlikely to grant a sentence reduction for a defendant who appears to still be a danger to the community.

Do I need a lawyer to get a sentence reduction?

You may be wondering whether a defendant who successfully challenges his sentence can end up with a longer or otherwise more onerous sentence. The answer depends on the nature of the original sentence. If the defendant claims that the sentence was illegal, the new sentence can, indeed, be harsher—double jeopardy does not apply. But if the ...

How to get a sentence reduced when facing federal prison time?

Texas law allows courts to sentence an individual to house arrest. While house arrest isn’t very common, it may be possible to convince the court to grant you house arrest rather than time in jail. If you’re interested in serving a sentence under house arrest, you should speak with an experienced Texas criminal defense lawyer.

How can I show that my sentencing guidelines were reduced?

Dec 02, 2017 · A felony conviction can carry long-lasting effects beyond just the immediate sentence. The right to vote, the right to own a firearm, and even the ability to be employed at certain jobs can be cut off by a felony conviction. By accepting a plea bargain to a lesser charge, the defendant avoids those consequences and can more easily get on with ...

How do I reduce my sentence in Texas?

After obtaining the favorable written recommendations of the trial officials, a majority of the Texas Board of Pardons and Paroles must vote to send the request to the Governor with a recommendation to grant the time cut. Pursuing a time cut is a complex process that requires diplomacy and expertise.

How do you ask for a lesser sentence?

Depending on the rules of the jurisdiction, a motion may be in writing or made orally before the court. In order to ask for a more lenient sentence, usually, a defendant's attorney can file what is called a motion for modification of sentence. The exact phrasing of the motion title may vary by state.Mar 19, 2021

How do you make a sentence lighter?

One of the most common ways to get your prison sentence reduced is to behave appropriately and follow all the rules while you are incarcerated. Many states have instituted "earned time" or "good time" credits that allow lower-risk prisoners to be released early.Dec 18, 2021

How do you reduce a sentence?

How A Federal Sentence Can Be ReducedGeneral Mitigation. A federal judge can reduce a sentence if there is an existence of mitigating circumstances. ... Fast Track. ... Duress and Coercion. ... Criminal History. ... Diminished Capacity. ... Aberrant Behavior. ... Substantial Assistance to the Government.Oct 25, 2019

Does restitution reduce sentence?

If faced with a serious felony fraud charge, your acceptance of a plea bargain and restitution agreement might help in reducing a long-term prison sentence. Depending on the amount of money obtained through fraudulent means, a felony conviction may result in 20 years of imprisonment for each count.Sep 4, 2019

Can a judge reverse a sentence?

Occasionally, a judge departs from the recommended sentence and imposes a harsher sentence (called an upward or aggravated departure). An appeals court won't normally reverse the sentence unless the judge abused their discretion or imposed a sentence above the maximum allowed by law.

How many years is a life sentence without parole?

A life sentence is any type of imprisonment where a defendant is required to remain in prison for all of their natural life or until parole. So how long is a life sentence? In most of the United States, a life sentence means a person in prison for 15 years with the chance for parole.

How much time do you serve on a 5 year sentence in Texas?

If the offender was sentenced to five years for committing a 3(g) offense they must serve half of their sentence, two and a half years, before the parole board can consider them for parole.

What does reduce the sentence mean?

Sentence reduction is the problem to remove some redundant words or some phrases from the original sentence by creating a new sentence in which the gist meaning of the original sentence was unchanged. Methods of sentence reduction have been used in many applications.

Can I get off parole early in Texas?

Early release from parole supervision A parolee may be released from parole supervision if his or her parole officer recommends it. The parolee must: Be under current supervision (at least 50 percent of the time left on the sentence, after release) Have no parole violations (for the prior two years and—not revoked)Sep 20, 2017

What to do if an inmate is being mistreated?

If Your Loved One is Being MistreatedFile a formal complaint directly with the facility in question. ... Contact the state Department of Corrections Office if the issue remains unresolved.Contact the state Governors Office.More items...•Mar 4, 2022

What is ab2942?

Assembly Bill 2942 (AB 2942) was signed into law by California Governor Jerry Brown. Assembly Bill 2942 is a recently-passed law that allows elected District Attorneys to recommend a recall of sentence and resentencing for California inmates.

When Should I Try to Reduce My sentence?

The time to file a motion to modify sentence is during the sentencing portion of the trial. Once the motion is filed, the judge will then conduct a...

What Can Increase My Chances to Reduce My sentence?

At one point, you will need to ask your attorney to file a motion to modify your sentence. It is up to the court to accept the modification. There...

What Are The Chances of My Motion Succeeding?

Ultimately, the factor involved for your motion succeed or not succeeding rest entirely on the judge’s decision. One of the most common reasons for...

What If My Sentence was “Illegal”?

In rare cases, you might have been handed down an illegal sentence. This is when the sentence cannot apply to you, due to a wide range of reasons:...

Do I Need A Lawyer’S Help?

Most people don’t know that they have the opportunity to reduce their sentence. If you are willing to meet the requirements for reducing your sente...

When Can Sentences Be Changed?

As a general rule, once a final judgment has been entered in a criminal case—once the judge has delivered a legally valid sentence—the judge loses...

Reducing Sentences For Those Who Cooperate

Most of us are familiar with the “cooperating witness” scenario, wherein a person charged with or even convicted of a crime agrees to cooperate wit...

Compassionate Modifications of Federal Sentences

Federal law allows a narrow range of defendants to ask the court to reduce their sentences, based on the length of their incarceration, their age,...

Questions to Ask Your Attorney

1. I had a court-appointed lawyer at trial, and I’d like to file a motion to modify my sentence. Does that lawyer have to represent me? If not, can...

What are the exceptions to the First Step Act?

The biggest exceptions in federal cases concern defendants who are convicted of crimes that now carry reduced, retroactive sentencing ranges under the Sentencing Guidelines or modified, retroactive statutory penalties under the First Step Act. Depending on the conviction, a defendant may ask the court for the benefit of the reduced, ...

What is an unconstitutional sentence?

Importantly, a claim that a sentence is unconstitutional does not bring that claim within the laws that allow for the correction of illegal sentences ...

What is an illegal sentence?

An illegal sentence is one that has no basis in law or was the result of a clerical error. It is almost always subject to correction, but only according to rules of criminal procedure. In the federal system, a trial court has 14 days from the date of sentencing to correct arithmetical, technical, or other “clear errors.”.

What does "not conform to the requirements of the relevant statute" mean?

This means that the court did not have the authority to hear that matter in the first place. A sentence that does not conform to the requirements of the relevant statute. For example, if a statute provides for a sentencing range, and the judge imposes a sentence that is not within that range, the sentence would be illegal.

How long can a prisoner be in jail?

Under the law, if the Director of the Bureau of Prisons so recommends, a judge may modify a prison term for a prisoner who has served at least 30 years in prison, who is at least 70 years old, and whom the Director feels is not a danger to other people or the community. ( 18 U.S.C. § 3582 .)

What is compassionate modification?

Compassionate Modifications of Federal Sentences. Federal law allows a narrow range of defendants to ask the court to reduce their sentences, based on the length of their incarce ration, their age, and their apparent lack of dangerousness.

What is cooperating witness?

Most of us are familiar with the “ cooperating witness ” scenario, wherein a person charged with or even convicted of a crime agrees to cooperate with the prosecution, giving information or testimony (or both) to aid in the investigation and prosecution of someone else.

What happens if you are convicted of drunk driving?

For example, if you were convicted of drunk driving, the court may require you to attend alcohol addiction rehabilitation or training. If you fail to comply with these requirements, the court can revoke your house arrest and require you to spend the rest of your sentence in jail.

What happens if you are put under house arrest?

If you’re placed under house arrest, it’s critical to comply with all of the terms of your sentence. Just because you have the flexibility of being at home doesn’t mean you can come and go as you please. In most cases, the court will require the defendant to make regular reports to a parole officer.

What does the court look for in a criminal case?

The court will also look at factors like the defendant’s criminal history and whether this is their first offense or a repeat offense. The court may also consider the defendant’s responsibilities and the likelihood of them losing their job if they’re required to spend time incarcerated.

Can you go to jail for having children?

If you have children, you’re probably worried about how you will care for them if you’re required to spend time behind bars. Understandably, many people wonder if it’s possible to serve their sentence under house arrest rather than going to jail if they’re convicted.

Can a misdemeanor be placed on house arrest?

While the court has the discretion to grant house arrest for misdemeanors, courts are only likely to allow it under specific circumstances. For example, a defendant convicted of a violent crime or a crime involving a weapon probably isn’t going to be successful in asking to be placed on house arrest.

Can a drunk driver be put on house arrest?

In cases in which the defendant is convicted of a drunk driving offense, the judge may impose house arrest with the condition that the defendant is required to install an ignition interlock device on their vehicle. When the device is installed, the individual must blow into a machine before the vehicle will start.

Is house arrest a right in Texas?

It’s important to remember that house arrest isn’t a right, and asking for it doesn’t guarantee the court will grant it. Whether a defendant is eligible for house arrest is largely within the court’s discretion. This is why it’s essential to work with a knowledgeable Texas criminal defense lawyer.

Why Prosecutors Offer Plea Bargains

There are a number of reasons why it makes sense for a prosecutor to offer a plea bargain in most cases. The biggest reason is that the current burden on the justice system leads to more cases that need adjudicating than the system can handle in a timely fashion.

Why a Defendant May Accept a Plea Bargain

The uncertainty that the prosecution faces at trial is true for defendants as well. A defendant unwilling to accept the uncertainty of a jury trial may opt to accept a plea bargain that offers the certainty of what the conviction will be, and the sentence that will be imposed.

Reaching an Agreement

In order to reach an agreement, the prosecution is forced to offer a lighter sentence or a lesser charge than they might otherwise receive. For a defendant, it makes sense to try and get the lightest sentence possible, but in many cases a reduction in charges may be even more enticing than the lighter sentence.

How many provisions are there to reduce prison sentences?

In what other ways can a prison sentence be reduced? In addition to cooperation, there are over 100 provisions to federal sentencing guidelines that can get your prison sentence reduced, but they won’t all be applicable to your case.

Why is it important to not lie?

It’s also crucial to not lie because if you’re caught, the judge will not be likely to reduce your sentence and may even consider the maximum prison sentence in your case.

What happens after you are charged with a crime?

After being charged with the crime, your case either went to trial or you pled guilty. Now it’s time for the sentencing. This part of the legal process is where federal sentence reduction will take place, if possible.

How long is a drug trafficking sentence in Houston?

For greater amounts of illegal drugs, such as transporting or distributing more than 1 kilogram of heroin, there is a mandatory minimum sentence of 10 years. If you find yourself in this situation, contact a drug trafficking attorney in Houston for further help.

How long do you have to serve for distributing cocaine?

There is no specific time frame that must be served unless the crime has a minimum mandatory sentence. For example, if you’ve been caught transporting or distributing more than 500 grams of cocaine, there is a minimum mandatory sentence of 5 years if it’s your first time being convicted of this crime. For greater amounts of illegal drugs, such as ...

Why do FBI agents ask for information?

In rare cases, the FBI may ask for you to become a long-term informant if they believe you have knowledge of a specific criminal organization.

What to consider when looking for a lawyer?

When looking for a lawyer, you need to consider their experience, knowledge, and history of getting reduced federal sentences. You don’t want to hire someone who is just getting started and may not understand all the nuances of the law. Your life is in your hands when it comes to reducing a long criminal sentence.

What does the prosecutor do?

Most of the time, the prosecutor for the Government will do what they have promised to do, namely consider the defendant for a reduction in sentence in exchange for the cooperation of the defendant . The prosecutor will file the motion, and the Judge will grant it. If this happens, all is well!

How to cooperate with the government?

It is also possible, in certain circumstances, for the cooperation of one person to be credited to another person for Rule 35 purposes. How this often works is: 1 A federal inmate has a friend or relative who is willing to cooperate with the Government in exchange for a reduction in the inmate’s sentence. 2 The Government agrees to file a motion to reduce the sentence of the federal inmate in exchange for the cooperation of a friend or relative.

Why does the prosecutor not file a motion?

Usually that happens because the case agents involved with the cooperation of the defendant have not fully briefed the prosecutor on the extent of the cooperation .

How does a federal inmate work?

How this often works is: A federal inmate has a friend or relative who is willing to cooperate with the Government in exchange for a reduction in the inmate’s sentence. The Government agrees to file a motion to reduce the sentence of the federal inmate in exchange for the cooperation of a friend or relative. Basically, the friend ...

What does it mean when a friend of an inmate agrees to assist in the investigation and prosecution of criminal activity

Basically, the friend or relative of an inmate agrees to assist in the investigation and prosecution of criminal activity of which the friend is aware in exchange for consideration of a sentence reduction for the inmate. An attorney with experience in these matters should always be involved in this process because:

Why does the government file a motion for a reduction in sentence?

Sometimes, because the Government feels the need to make sure that the cooperation continues after sentencing, the motion for a reduction in the sentence is made after sentencing. Normally, the cooperation continues after a defendant is sentenced, and when this happens, the Government files a motion under Rule 35, ...

What happens if you get a reduction in your sentence?

If a person were to receive a reduction in his or her sentence under Rule 35, not only would the Judge be able to sentence below the mandatory minimum, and not only would the person’s guideline range be dropped an additional two levels, but this person would also become eligible to have the sentence further reduced under the guideline amendment. ...

What happens if you provide information to the prosecutor about a crime?

If you provide information to the prosecutor about a crime, they will file a motion to have your sentence reduced. Alternatively, you may be entitled to commutation, which is when the president or state governor decide to commute a federal or state sentence respectively.

How to reduce prison sentence?

If you talk to another criminal, either in prison or out, and he gives you information about another crime, sharing that information with a prosecutor can get your prison sentence reduced. Any information you share within one year of being sentenced can be helpful in reducing your sentence.

How long is RDAP?

RDAP is a voluntary program for federal prisoners with substance abuse problems. After completion of the 9- to 12-month program your prison sentence can be reduced by up to one year if you were convicted of a non-violent crime.

How long does it take to correct a sentencing order?

If there is an error in your sentencing order, you should tell the judge as soon as possible. The federal rules only allow a judge 14 days to correct an error in a sentencing order. After that, she can do nothing.

How to get your sentence reduced?

One of the most common ways to get your prison sentence reduced is to behave appropriately and follow all the rules while you are incarcerated. Many states have instituted "earned time" or "good time" credits that allow lower-risk prisoners to be released early.

How long does it take to get a sentence reduced?

Typically you must seek reduction within a year of when the judge announced your sentence.

How long can a director serve on a life sentence?

The Director may file a motion for the reduction of your sentence if you are 70 or older, have served at least 30 years on a life sentence, and the Director believes you are no longer a danger to the public.