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Clemency or Pardon is the act of forgiveness for a crime and the subsequent cancellation of the penalty. In the United States, clemency for the federal crime is granted by the President under Article II, Section 2 of the United States Constitution except in cases of impeachment. The President can use constitutional powers to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence, remissions of fines and forfeitures, respites and amnesties. All clemency/pardon petitions need to be addressed to the President. These appeals are referred for review and non-binding recommendation by the Office of the Pardon Attorney, an official of the United States Department of Justice. As per the Department of Justice, a person should have to wait for five years after the conviction to appeal for the clemency. In case of a state crime, the Governor exercises this power. This apart, some states in the United Sates have Boards of Pardons and Paroles to grant all state clemency. This article answers some of the most commonly asked questions about clemency/pardon related issues. How to write a clemency appeal to the parole board?
A prisoner must understand the fact that he/she is not entitled to receive any parole or clemency. These are the privileges that are earned from effort on behalf of a convicted person and solely depend on the highest authority of the state or the country. Technically, there are no guidelines on what or how to write a clemency letter. However, the best way is that the convicted person should focus on the positive assets that he/she has to offer and should show remorse for the crimes committed by him/her. A convicted person should try to show that he/she has not been a part of any untoward situation since serving the sentence. They should also try to explain how they will be self-dependent and will not depend on the state support if clemency is granted. I have recently filed for clemency. Is there any way out for a speedy hearing on the same as I am not getting any job due to my conviction?
Usually it is a time consuming affair as the board receives thousands of appeals. However, you can get in touch with your state representative and plead for his support. You should also try to convince him by highlighting some genuine reasons as how important the clemency is for you or for your family who depends on you entirely. You could also request them to write to the Governor pressing your case on priority basis. However, there is no guarantee that the state representative will act on behalf of you. You may ask a criminal lawyer to guide you on this. How can a person from Florida who is convicted and serving a two year sentence as a sex offender despite getting a clean chit from the DNA report get an executive clemency?
In such a case, a convicted person should contact the Innocence Project, which is a group of lawyers who assists people who have come clean in DNA evidence. They would help the person in doing the required paperwork. If this does not happen, the next thing is that the person should hire an attorney. In case the person cannot hire an attorney, the person should contact the Public Defender’s Office, which can help in post-conviction procedures. If this also does not work out, the person can file a petition for a post-conviction relief of habeas corpus. But the person needs to hire an attorney to handle such petition. How do I appeal for clemency for one of my family members convicted in a federal crime?
The first step is to apply to the Pardon Attorney in the Department of Justice. After a thorough screening of the appeals, the Department of Justice will determine who should receive a recommendation to the President as the President is the supreme authority to grant clemency for any federal crimes. So after filing the appeal, you should wait till your application gets recommended to the President. You can also check out this link http://www.justice.gov/pardon/clemency.htm to find more information on this. I want to appeal for clemency to get my name removed from the sex offender list. Will it be ever granted to me?
The important point here is that the President never grants pardon to convicted sex offenders. The state law never grants pardon/clemency very often. Paperwork related to a clemency appeal can be very technical and one should have a clear idea on how to go about such issues. As there are no set formats on how to write a clemency letter, one should always ask a criminal lawyer who can help in these cases.
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