how much can an attorney reduce my setence

by Christopher Sipes Jr. 10 min read

The reduction in your sentence from cooperation can be substantial. In the Eastern District of Virginia, for example, it is not uncommon to receive up to a 50% reduction in the sentence for providing testimony. An experienced attorney can help you ensure that you receive appropriate credit for cooperation.

Full Answer

What are the chances of getting charges reduced with a lawyer?

Mar 19, 2021 · Yes, it is important to have the help of an experienced criminal lawyer to assist with a sentence reduction. An attorney can review your case and sentencing, determine if a reduction may be possible, and present your request in the best possible way to the court. Having professional assistance when requesting a sentence reduction may be the ...

Do I need a lawyer to get a sentence reduction?

Johnson County, Kansas Criminal Trial Lawyer Explains if an Attorney Can Have Charges Dropped or a Sentence Reduced in a Criminal Case in Kansas and Answers Other Common Questions About the Kansas Courts

How can I get my sentence reduced in court?

Jan 08, 2019 · In some cases, when a defendant does as the courts ask, there could be a reduction of as much as 50 percent of the federal jail time. This is strictly up to the judge as there are no set formulas in place. Most judges will consider many factors, so …

Can a criminal defense attorney negotiate for a reduction of charges?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-26_10-46-26. Now and then, however, a convicted defendant can take steps to modify his sentence. Rarely, a court or prosecutor will take the initiative. Here, we explain the circumstances that allow for or result in a sentence that varies from the one initially imposed.

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How do you ask for a reduced 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

Can a sentence be modified?

A judge may in fact modify your sentence if their was a clerical error. Yes. A court generally maintains power to correct an incorrect sentence. This means that if the sentence was brought about by a clerical error, the court can simply amend the abstract of judgment to reflect the correct sentence.

How can I reduce my federal sentence?

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

Can a sentence be reversed?

If you've been convicted of a crime and believe the guilty verdict (or even plea) was in error, you'll want to pursue the reversal of that conviction. Reversing a conviction generally happens through appeals (most commonly) or writs.Mar 19, 2019

Can a petition change a sentence?

A petition to modify a sentence is filed by a person who has been both convicted of a crime and sentenced for that crime. In the motion, the prisoner asks the court to modify his sentence. For example, he might ask the judge for: a reduction in the length of his sentence, or.

Can I appeal my sentence?

What the court says must happen to you because you are convicted. Making an appeal. This is when you try to change the decision made by the court about your conviction or your sentence. successful, the court may decide that the time you spend in prison to make your appeal will be extra to your sentence.

What percentage of time do federal inmates serve?

This made it very clear that prisoners should serve only 85% of the sentences they are given. Congress also amended § 3624(b) to allow a maximum of 54 days of good time for each year of the sentence—54 days is almost exactly 15% of the sentence handed down.

Can federal mandatory sentences be reduced?

Upon a motion by the government that the defendant has provided substantial assistance in the investigation or prosecution of another person who has committed an offense, the court may then reduce the sentence, including below a mandatory minimum sentence.

Can federal prisoners get out early?

Jan. 13, 2022, at 11:12 a.m. WASHINGTON (Reuters) - Federal inmates who successfully participate in recidivism-reduction programs will qualify for early release from prison under new rules unveiled on Thursday by the U.S. Justice Department.Jan 13, 2022

On what grounds can you appeal a sentence?

A sentence will be generally regarded as being wrong in principle if the sentence was unlawful, for example the defendant was given a prison sentence in excess of the maximum. The most common ground advanced by way of appeal against sentence is the argument that a sentence is 'manifestly excessive'.

What does illegal sentence mean?

Illegal sentence means a sentence: Imposed by a court without jurisdiction; that does not conform to the applicable statutory provision, either in character or punishment; or that is ambiguous with respect to the time and manner in which it is to be served at the time it is pronounced.

What does it mean to modify a sentence?

A working definition for the word “modify” is to change or to alter something. This definition is the same when considering the purpose of modifiers within a sentence. A modifier changes, clarifies, qualifies, or limits a particular word in a sentence in order to add emphasis, explanation, or detail.

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...

Can a prosecutor reduce a sentence?

In the federal system, once a prosecutor files a motion to reduce your sentence, it is up to the judge on how much of a reduction you will receive. Your attorney can argue for a greater reduction than the amount recommended by the prosecutor.

How many points can a defendant be reduced for?

A defendant may be granted a two to four point reduction for a minor/minimal role in the criminal activity. In order to convince the Judge to grant a mitigating role adjustment, it is important to compare and contrast the defendant’s actions with those of co-defendants and show why the defendant is less culpable.

What is sentencing reduction?

Federal Sentencing Reductions. If you are convicted of a crime, either through a trial or by pleading guilty, the next step is sentencing. States vary in their sentencing procedures. Virginia, for example, allows the jury to select the sentence after a jury trial.

What is the next step in sentencing?

If you are convicted of a crime, either through a trial or by pleading guilty, the next step is sentencing. States vary in their sentencing procedures. Virginia, for example, allows the jury to select the sentence after a jury trial. By contrast, in federal court, as in most States, the sentence is selected by the judge. You can read more about the sentencing process here. Here we will discuss a specific, but vitally important, component of federal sentencing: sentencing reductions.

What is the next step in a criminal case?

If you are convicted of a crime, either through a trial or by pleading guilty, the next step is sentencing . States vary in their sentencing procedures. Virginia, for example, allows the jury to select the sentence after a jury trial. By contrast, in federal court, as in most States, the sentence is selected by the judge.

What is the most significant source of sentencing reduction in federal criminal cases?

Cooperation with Federal Law Enforcement. The most significant source of sentencing reduction in federal criminal cases is through cooperation: specifically, cooperation with law enforcement, such as the FBI. Cooperation means providing information, and possibly testimony, about criminal activity. Sometimes cooperation can be more extensive, such ...

How does cooperation reduce sentencing?

The most significant source of sentencing reduction in federal criminal cases is through cooperation: specifically, cooperation with law enforcement , such as the FBI. Cooperation means providing information, and possibly testimony, about criminal activity. Sometimes cooperation can be more extensive, such as when a defendant agrees ...

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.

Can a federal prison sentence be reduced?

Federal prison sentences being reduced isn’t uncommon and is sometimes based largely on cooperation with Federal Bureau of Investigation (FBI). A person can cooperate in many ways, starting with being courteous and answering questions honestly.

Is it scary to be convicted of a federal crime?

Being convicted of a federal crime can be scary, especially when it’s the first time you’ve been charged and aren’t sure what to expect. Whether you’ve been convicted of fraud, conspiracy, drug charges, or a host of other crimes, you’ll want to know how much of a federal sentence must be served. Is there such a thing as federal prison sentence ...

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.

Can you reverse a sentence after being 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. Once you’ve been sentenced, it’s difficult to reverse.

How long is a sentence for distributing more than 500 grams of cocaine?

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 transporting or distributing more than 1 kilogram of heroin, there is a mandatory minimum sentence ...

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.

Can a federal court modify a sentence?

Federal courts, as well, can modify sentences only in a narrow range of circumstances.

Can a sentence be modified to increase punishment?

But if the original sentence was legal, it cannot be modified in a way that increases punishment.

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 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 ...

Do convicted criminals serve sentences?

The great majority of convicted criminal defendants serve the sentences that were handed down from the bench during the sentencing hearing. Except for reductions for good behavior while in custody ( good-time credits ), these sentences play out as they were announced.

Can a defendant argue that his confession was improperly admitted?

For instance, a defendant cannot argue on appeal that his confession was improperly admitted unless he objected to its admission at trial. But when it comes to illegal sentences, the appellate court can take up the issue even if the defendant didn’t object to it at sentencing time.

How long can a sentence be reduced to 70 months?

If the Government filed a motion under Rule 35, then the Judge could, after sentencing, lower the sentence from 120 months all the way down to the adjusted guideline range, and reduce the sentence to 70 months.

What is a motion to reduce a 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 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 ...

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 does it mean when a sentence is below the mandatory minimum?

What this means is that if the guideline sentence (either before or after the reduction is applied) is below the mandatory minimum, then the Judge is free to sentence at the guideline range. In contrast, without the substantial assistance reduction, the sentence would have to be at the mandatory minimum. For example, suppose someone is charged ...

What is the goal of the defendant or inmate who cooperates with the government against co-defendants,

This is the goal of the defendant or inmate who cooperates with the government against co-defendants, co-conspirators, or unrelated targets of investigation or prosecution. This typically works in one of two ways. The first is that the Government wants the cooperation of as many defendants in a case as possible.

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 .

Can a prosecutor promise to relent in Rule 35?

Note that no attorney can promise or guarantee that the prosecutor will relent and file the Rule 35 motion. Beware of any attorney who makes such promises. Ultimately, it is in the discretion of the prosecutor to decide whether the cooperation provided was “substantial” and worthy of a reduction motion.

Do attorneys charge a percentage of the settlement?

Similar to fees based on the amount of your debt, an attorney might charge you a percentage of the money you'll save with the settlement. With this kind of arrangement, the attorneys' fees increase with the amount you save, which gives the attorney more incentive to get you the best possible settlement.

How much does a debt negotiation attorney charge?

In many cases, you can expect a debt negotiation attorney to charge anywhere from $125 to $350 per hour.

How much does a lawyer charge to settle a credit card debt?

The fee amount will typically depend on the number and type of creditors you have. In general, average fees can range from $500 to negotiate a simple credit card debt to more than $5,000 for more complex negotiations.

What is attorney fees?

how difficult it will be to settle the debt. Generally, attorneys' fees are directly related to how much work the lawyer will have to perform. If you want to negotiate with your creditors, you might be able to hire an attorney to handle the entire negotiation process until settlement or perform ...

What to do if you don't want to hire an attorney?

If you don't want to hire an attorney to handle the entire negotiation process, you can ask the lawyer to provide an unbundled service. An unbundled service is a specific task that the attorney will complete for a fee. The fee will vary depending on the complexity of the task and the lawyer's enthusiasm for providing unbundled services. ...

Why don't attorneys work on a piecemeal basis?

Another reason many attorneys don't like to work on a piecemeal basis is that they worry that they might be on the hook if something goes wrong in another part of your case.

How much does it cost to negotiate a credit card debt?

The fee amount will typically depend on the number and type of creditors you have. In general, average fees can range from $500 to negotiate a simple credit card debt to more than $5,000 for more complex negotiations.

How to reduce a sentence?

1. Acquire information about another crime. Federal Rule 35 and corresponding state rules provide for your sentence to be reduced if you give information to the state about other crimes. Typically you must seek reduction within a year of when the judge announced your sentence.

Can you get a sentence reduced after a year?

If you acquire new information, you should talk to your attorney and let the prosecutor know as soon as possible, even if you've been in prison for more than one year, if you want to get your sentence reduced.

Can you get a reduced sentence if you are convicted of a crime?

Once you've been convicted of a crime, this doesn't mean your criminal case is over. Even after you've exhausted any possible appeals, there are still ways to get your prison sentence reduced. Although the rules vary by state, many state laws generally follow the federal rules, so there are some commonalities throughout the U.S.

Can you get your sentence reduced after you have exhausted your appeal?

Even after you've exhausted any possible appeals, there are still ways to get your prison sentence reduced. Although the rules vary by state, many state laws generally follow the federal rules, so there are some commonalities throughout the U.S. Steps.

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.

Can a prosecutor file a motion to reduce a sentence?

Cooperation doesn't guarantee the prosecutor will file a motion.

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 do attorneys work to reduce charges?

There are basically two ways that your attorney can work on getting the charges against you reduced: Direct pre-trial negotiations. Even as each side prepares its case for trial, the prosecution and defense remain in regular contact concerning your case.

Why would a prosecutor reduce a felony charge to a misdemeanor?

If this is your first offense, for example, or if there is evidence of your good intentions that might sway a jury in your favor, the prosecutor may be convinced to reduce a felony charge to a misdemeanor because he/she believes there’s a better chance of convicting you in that instance.

Can charges be dropped?

The short answer is yes, it is possible for charges to be reduced or even dropped. However, it bears some further explanation. When criminal charges are brought against you, they are brought by the prosecuting attorney, who represents the government.

What happens if you hire a defense attorney?

However, if you hire a defense attorney with good pre-trial negotiation skills (and a track record to prove it), your chances of getting charges reduced goes up considerably. Likewise, if your attorney has a good working relationship with the courts and the prosecutors, your odds are also increased. Finally, the sooner you involve ...

What is plea bargaining?

Plea bargaining. It’s very common for your defense attorney (with your approval) to negotiate a plea bargain with the prosecution and the courts. In this case, you agree to plead guilty to a lesser crime in return for a lighter sentence, or to plead guilty to fewer counts in return for having the other counts dropped.

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Cooperation with Federal Law Enforcement

  • The most significant source of sentencing reduction in federal criminal cases is through cooperation: specifically, cooperation with law enforcement, such as the FBI. Cooperation means providing information, and possibly testimony, about criminal activity. Sometimes cooperation can be more extensive, such as when a defendant agrees to act as a long...
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Reductions in The Sentencing Guidelines Range

  • In addition to cooperation, the Federal Sentencing Guidelines offers a number of important provisions that also reduce a defendant’s sentencing range. Although the sentencing range is not binding on the judge, most judges consider the range to be important. Thus, it is always in a defendant’s best interest to start with the lowest sentencing range possible. Here are some of th…
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Speak with An Experienced Attorney

  • If you are charged with a crime, or have been convicted of a crime, you should thoroughly discuss with your attorney potential ways in which your sentence can be reduced. Understanding sentencing reductions is important not only when you have already been convicted, but also helps you make the important decision of whether you should go to trial or plead guilty. The attorneys …
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