Is clemency possible with federal drug charges?

On Behalf of | Aug 25, 2021 | blog, Drug Charges

Persons accused of drug-related crimes may face charges in federal or New York state courts. When arrested and charged at the federal level, laws and statutes might be different. Regarding pardons and clemency, a governor addresses state convictions, while the president handles federal ones. The news suggests that a decision about clemency for certain federal drug convictions could be forthcoming.

An exploration into clemency orders

President Joe Biden wants to take a closer look at clemency for federal drug crimes. An August 2021 news article reveals that he is “exploring the idea” of granting clemency to people convicted of federal drug crimes.

With clemency, a governor or the president eliminates some of the punishment for a conviction. Accordingly, someone serving 10 years in prison may receive a release after five years when given clemency. Clemency could occur in conjunction with a pardon, which refers to “forgiving” someone convicted of a crime.

President Biden’s actions come at a time when criminal justice reform remains popular with many. Several lawmakers are focusing on correcting problems with unfairness found in the legal system.

Dealing with drug charges

Anyone convicted on drug charges could apply for a pardon or clemency. Filing an appeal serves as a common strategy for those hoping to overturn the original conviction. Various factors might contribute to whether an appeal proves successful.

Persons facing initial charges could review options for plea bargain arrangements. Plea bargains may lead to lesser charges and reduced sentences.

Others may challenge the prosecutor’s case. Entrapment or an illegal search could support the suppression of evidence.