When Can You Request Clemency?

military service member searching on computer

How clemency may be possible.

Requesting clemency after a court-martial conviction gives a military service member the hope that potentially, they could have their sentence and punishment reduced. When a service member has the opportunity to do so varies. It is imperative in these matters that you have an experienced and aggressive representation assisting you and present at your hearing to increase your chances of securing the best possible outcome. In Virginia, the Norfolk military criminal defense attorneys at The Griffin Law Firm can assist you with dynamic military criminal defense services.

When Are You Eligible to Request Clemency?

One of the very first questions a military service member has when they are convicted of a crime and handed down a punishment is if they can request clemency and then when that process may be possible. It very well may be possible to not only request clemency but also secure it when you have the right legal team representing your best interests. The Norfolk military criminal defense lawyers at Griffin Law understand how to prepare all documents and provide skilled and tactical representation for these individuals.

Typically, eligibility for clemency depends on how long you have been sentenced to detention. Military members that had shorter terms like six months, for example, will most likely be unable to go through the clemency process. But, if the longer sentence could have the ability to request clemency. Here, if you were sentenced to time from more than one year to under 10 then after serving nine months you could be eligible. In the most severe punishments where a life sentence and no parole are handed down, it becomes much more difficult. In these situations, you must serve at least 20 years before you qualify. Then if you are not granted clemency, you have to wait for another three years before requesting it again.

The United States Department of Justice (DOJ) has more information on the forms required and the clemency process. Since it can be quite complicated requesting for clemency and making the case that you deserve it, plus what is at stake when a request is approved or denied, it is best not to leave these things up to luck and fate. An attorney licensed and experienced with these issues gives you the best chances of securing the most favorable outcome.

When a military service member is allowed to have their case evaluated it will be done with respect to Department of Defense regulations. And, each branch determines if you can appear before the board or not. For instance, the Air Force will not let you appear, you can only provide written petitions. For those in the Army, you cannot appear here either but if you have an attorney or a family member willing to show up, they can do so on your behalf. In the Navy, again, you will not be permitted to appear. And even though a loved one or your attorney can make an appearance, there could be a possibility to make a video and submit that to help your case.

Speak to a Virginia Military Defense Attorney Today

The direction of your life can change depending on the outcome of your clemency case. For more information and assistance from a military criminal defense lawyer in Norfolk, please call Griffin Law today to schedule a free consultation at (888) 707-4282.

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