Post-sentencing – Criminal Defense Attorneys

Misdemeanor offenders sentenced to prison terms of 1 year or less generally serve time in a local county jail. Those convicted of felonies that require a prison term of more than one year typically serve their time in a sate prison, and those convicted of federal crimes will usually serve their sentences in a federal penitentiary. Persons admitted to the federal system or a sate prison system may also be held in a community correctional facility, depending on the nature of the crime for which they were convicted, past record, community ties and other considerations.

A prisoner may become eligible for parole after serving a specific part of his or her sentence. Parole is the conditional release of a prisoner before the prisoner’s full sentence has been served. The decision to grant parole is made by an authority such as a parole board, which has power to grant or revoke parole or to discharge a parolee altogether. The way parole decisions are made varies widely among jurisdictions.

Offenders may also be required to serve out their full sentences prior to release (expiration of term). Those sentenced under determinate sentencing laws can be released only after they have served their full sentence (mandatory release) less any "goodtime" received while in prison. Inmates get goodtime credits against their sentences automatically or by earning them through participation in programs.

If released by a parole board decision or by mandatory release, the releasee (also known as parolee) will be under the supervision of a parole officer in the community for the balance of his or her unexpired sentence. This supervision is governed by specific conditions of release, and the parolee may be returned to prison for violations of such conditions (parole violations).

Federal Post-sentencing and Corrections

Post-sentencing and corrections for federal crimes is quite a bit different. Some of the differences include the fact that there is no parole in the federal system. However, if a person behaves well in custody, he or she can receive 15% credit for every year he is to serve. If the defendant is a citizen, he or she will spend the last 6 months in a halfway house. He or she will then be released, but will be on supervised release for a period of time set by the sentencing judge.

Supervised release is like probation, in that if you violate the terms (including committing a new offense) you can be returned to custody for up to the maximum of the term of supervised release. Unlike a sentence, you do not get any credit for the time you previously spent in custody. Contact a criminal law lawyer specializing in federal criminal defense for other important details pertaining to serving a federal prison sentence and for any options you may have while serving.

Recidivism

Recidivism is defined as the tendency to lapse into a previous condition or behavior. In criminal law, recidivism is the continued, habitual or compulsive commission of law violations after first having been convicted of prior offenses, a relapse into criminal behavior.

Once the offenders are released from the jurisdiction of a criminal justice agency, they may be processed through the criminal justice system again for a new crime. Long-term studies show that many suspects who are arrested have prior criminal histories and those with a greater number of prior arrests were more likely to be arrested again. As the courts take prior criminal history into account at sentencing hearings, most convicted defendants have a prior criminal history and many have been incarcerated before. Nationally, about half the inmates released from State prison will return to prison.

Because prison terms generally are geared towards punishment rather than rehabilitation and prisons are becoming more over-crowded and over-burdened each year, several jurisdictions are turning to prison term alternatives that are stricter than straight probation, but not as punishing as a prison term for minor and non-violent offenders. Examples of alternative sentencing that serve as innovative forms of punishment but also may deter an offender from committing another crime include:

• Installing breathalyzer devices ("ignition interlocks") in their cars so that their cars will not start unless the offender blows into the device and has "clean" breath (after drunk driving convictions);
• Driving around with signs on their cars notifying others they’d been convicted of a drunk driving offense;
• Giving lectures or teach classes about the dangers of criminal behavior;
• Attending lectures given by crime victims;
• Working a given amount of time doing unpaid community service;
• Completing a drug or alcohol treatment program;
• Staying at home under "house arrest"; and
• Living in their own slummy building (if the defendant is a landlord who has been convicted of criminal negligence or other offenses related to the poor condition of the building).

Some jurisdictions even provide incentive for offenders to keep themselves from committing crimes again by diverting crimes out of the criminal system, typically by having the offender participate in a treatment or rehabilitation program. Since criminal charges are normally dropped when an offender successfully completes a diversion program, diversion allows defendants to escape the stigma of a criminal conviction and may provide enough incentive for the offender to remain crime-free.

Have you been released then arrested for a parole violation? Do you feel you were unfairly denied parole or supervised release (for federal offenses)? Contact a LawInfo Lead Counsel qualified criminal defense lawyer specializing in parole violations, other parole issues or issues pertaining to your supervised release (for those convicted of federal offenses) to see what your options may be.