What is a commutation? A commutation of sentence? Well, I’m an appeals lawyer, a criminal appeals lawyer and I apply for commutations of sentence all the time for my clients. I’ll tell you what it is and I’ll tell you how to try to win them. What it is? It is a shortening of sentence from the governor or from the president. Every State’s Governor has certain executive privileges, and in most states the governor has the power to commute or cut short a person’s sentence. The United States President also has the power to commute or cut short a person’s sentence. Now, state governors have the power to commute sentences on state crimes. The president has the power to commute sentences on federal crimes. Most crimes are state crimes. Murder, robbery, attempted murder, shoplifting, all sorts of things, most of them are state crimes, and so, if someone’s been convicted of a crime, usually it’s a state rime. So, a commutation of sentence is a cutting short of that sentence so the person can get out of prison earlier.
The second question is how to win? How to win a commutation of sentence? And the main way to win is to show good character, show that the person deserves a commutation, deserves a shorter sentence. Most people who are commuted admit that they did the crime, and so, it’s not a question of whether they’re innocent or there’s a problem with their conviction, but rather they show good character, they show that they’re a person who deserves to be released early. They’ve done well, in the prison, they’ve been in programs in the prison, educational programs, rehab programs, they’ve helped other inmates and very importantly, often that they have a game plan for when they get out of prison. They can support what they’re saying, I want to work in a certain place and I have a job offer letter. I’ve family who say they’re going to house me, so I’m not going to be homeless in the streets. So, showing that the person morally deserves this and we’ll be able to reintegrate in society, that is really how to win a commutation application.
I hope this has been helpful if you have any questions about commutations or executive clemency or any other type of appeal, call me, I’d be happy to chat with you or have another lawyer in my firm speak with you. Thank you.