Biden Issues 11th Hour Commutations

A 53-year-old Virginia man was among the thousands of people who received executive pardons or commutations, many of which former President Biden issued during his last week in office.

Following a commutation, he’ll be released July 16. He had been scheduled for release in 2040 prior to that for his conviction in a drug case out of Martinsburg federal court. He initially had received a life term in the case that originated in 2000. That was reduced through a congressional act to 40 years in 2020. Biden’s commutation sliced about another 15 years off of the term.

A flurry of last-minute commutations and pardons, mostly related to what Biden believed were excessive drug crime sentences, gave Biden the record for the most presidential commutations and pardons.

Record Cleaning

Executive pardons are available in all cases. Presidents and governors have absolute power to pardon or commute a sentence at any time. A commutation is generally a sentence reduction.

An executive pardon is like a basketball shot from half court. If players set their feet, have a good look at the basket, and follow through, there’s a pretty good chance these shots will at least hit the rim. With a bit of luck, the shots will go in.

Likewise, if a Leesburg criminal defense lawyer properly prepares an executive pardon request, there’s a good chance the governor or president will at least consider it. With a bit of luck, the executive will grant that request.

“Luck” in this case usually means proper presentation. The executive must see the petition at the right time, and the request must jive with the executive’s political agenda.

Expungement, which erases the arrest and conviction record, is usually available if the defendant was found not guilty or the state dismissed the case due to a lack of probable cause. Most drug possession convictions, especially misdemeanors, are eligible for record expungement. Most enhanced drug cases, such as trafficking, aren’t eligible.

These requirements are only the minimum requirements. In most cases, even if the defendant meets the minimum requirements, the judge won’t sign an order if the defendant’s probation officer, or the crime’s victim, fights the matter.

Furthermore, expungement doesn’t affect civil liability. For example, if Tim assaults someone, the victim could sue in civil court, even if Tim’s criminal conviction is expunged.

Probation Modification

Since most defendants receive probation, these matters are extremely common. Virginia law gives judges broad authority to modify the conditions of probation at any time. The judge could make them more or less restrictive.

But we’re getting a bit ahead of ourselves. Let’s first consider some common conditions of probation. They include:

• Staying out of trouble with the law,
• Working and/or attending school full time,
• Remaining in the county,
• Passing drug tests,
• Staying current on child support and/or alimony,
• Reporting to a supervision officer, and
• Performing community service.

These conditions are very hard to follow for many people. For example, if Allison has transportation issues, reporting to a supervision officer may be a problem.

Normally, if the defendant has a good record, demonstrates a need (not a desire) to ease a condition, and meets minimum requirements, the judge will modify the terms and conditions of probation. This modification could even include unsupervised probation. These defendants don’t have to do anything except wait for the countdown clock to reach zero.

The judge also has the power to add to conditions or make them more restrictive. A Leesburg criminal defense lawyer fights such efforts at a probation revocation hearing.

Count On a Dedicated Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.

Source:

wvnews.com/news/several-serving-time-for-fed-crimes-from-northern-west-virginia-cases-get-commuted-sentences-from/article_42b570ae-d98c-11ef-9c73-ffef3250baf4.html