This pamphlet provides an overview of sentence reduction in criminal cases. Topics covered include judicial release, downward departure, sentence modification, and legislative changes.
Texas USLegal Pamphlet on Sentence Reduction
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US-PMPH-14
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FAQ
Except in cases of treason and impeachment, upon the recommendation of the board, the governor may grant a commutation of sentence (Texas Constitution, Article IV, §11).
A sentence reduction could result in wholesale release from custody for time served, or simply an acceleration of the defendant's anticipated release date from federal prison.
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.
A federal judge has the ability to give a lighter sentence if there are mitigating circumstances. This could include anything that makes the crime less serious than the sentencing guideline indicates. In some cases, the history of the defendant or certain characteristics could make them eligible for a reduced sentence.
In most third, second, and first-degree felony cases, the inmate becomes parole-eligible after serving 25 percent of his or her sentence. However, certain ?3g offenses? demand that the inmate serve at least 50 percent of the calendar sentence before parole eligibility is possible.
Commutations of sentence will be granted only upon written recommendation of a majority of the applicant's trial officials in the county of conviction, stating that the penalty now appears to be excessive and recommending a definite term, based on new information not before the judge or jury at trial or a statutory ...