Legal Question in Criminal Law in Virginia

Time reduction for first time federel affenders

Is there a law for first time affender in the federal courts to have time reduce. IF there isn't are they trying to pass one. What does it state.


Asked on 3/19/04, 12:57 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Time reduction for first time federel affenders

The time to be served for a first-time(or otherwise)convicted federal offender is determined normally by the applicable "Federal Sentencing Guidelines" which were in effect at the time that the offense was committed.

These guidelines have traditionally included what are known as "downward departures"(in the amount of time prescribed by a particular guideline)for such considerations as whether or not the defendant has "accepted responsibility" for his or her actions.

Unfortunately(for offenders subject to sentencing)

Congress has tightened things up considerably in recent years with respect to the availability of these downward departures and it's my understanding that the new guidelines for 2004 which supposedly will be available beginning sometime this April, will reflect this Congressional mandate towards stricter sentencing

of federal offenders and will allow federal judges even less discretion in dealing with sentencing matters in general.

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Answered on 3/19/04, 3:14 pm


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