Can Your Sentence Change? What You Should Know About Clemency and Pardons

If you are charged with a felony and go to prison, there is always a possibility that you could be released or have your penalty changed. You may be able to get out of prison or have your penalties reduced through clemency, a pardon, commuted sentence, or a reprieve. The following is some information on what these terms mean and how they are different:

What Is Clemency?

Clemency is a general term that refers to reducing the penalties for a crime through different methods that are only authorized by state or federal executives. Your record is not cleared of your charges, but you can get out of prison early. If you are released through clemency, it does not mean you are without guilt. It just means your sentence is reduced. For instance, a pardon is a type of clemency. Only the governor of a state can grant clemency for a state crime. The President of the United States has the authority to grant clemency for federal crimes.

What Is a Pardon?

A pardon occurs when a certain criminal crime is forgiven by an executive decision. The crime will remain on your record, but you will not be subject to additional penalties that others who were guilty of similar crimes have to endure. While the governor is the only one to grand a pardon for state crimes, some states allow an acting parole board to grant a pardon on behalf of the state.

A pardon forgives you of a crime. It is typically used if you were wrongfully accused of the crime. They are also used if the executive determines that your penalty is too harsh for your crime.

What Is a Commuted Sentence?

A commuted sentence is a method of changing a sentence from one that was deemed too harsh. This is an act of mercy that is meant to commonly used in death penalty cases. A death sentence can be commuted to a life sentence. Commuted sentences are also used to allow a person out of prison. It will not restore your civil rights, however. Just like in other forms of clemency, the governor or president has the power to commute a sentence.

What Is a Reprieve?

A reprieve halts the punishment for a crime for a period of time. Reprieves occur when more information is necessary before an appropriate sentence can be applied. Some of the more common uses for reprieves are the discovery of new evidence, errors in an investigation, an appeal that was filed late, or in cases of unusually harsh sentences.

Felony lawyers can help you if you feel like any of these situations could apply to your case. 

444 Words

About Me

From Divorce to Adoption: Family Law What do family lawyers really do? Most people know that they help clients in divorce proceedings, but this is only a small piece of their job. These attorneys also help draft custody arrangements, create adoption contracts, formulate prenuptial agreements, and designate alternative guardianship of kids in situations of abuse. As you can probably guess, working as a family lawyer requires tact, compassion, and an endless drive to do good. We are passionate about the work that these attorneys do, which is why we chose to write about that work on this blog. Our hope is that in reading these articles, you will also develop an improved understanding of family law.


Latest Posts

Clearing the Air: Common Misconceptions About Auto Accident Attorneys and the Legal Process
14 September 2023
Auto accidents can be a stressful experience that can leave you feeling lost and confused about the next steps. An auto accident attorney plays a cruc

How To Safeguard Your Finances As You Go Through A Divorce
29 June 2023
Divorce can be a financially tumultuous time, with the potential for a significant impact on your assets and financial well-being. Protecting your mon

What Are The Advantages And Disadvantages Of A Nesting Custody Arrangement?
19 April 2023
Child custody arrangements can take on many forms, and nesting is one such arrangement that has gained popularity in recent years. Nesting involves th