How To Reduce Your Criminal Sentence

The prospect of spending months or years in jail can be terrifying. A criminal sentence can take you away from your family, your job, and your community. Sentencing is not always fair or equal. You may be able to reduce your criminal sentence before sentencing or after spending time in jail.

The process for reducing a criminal sentence can depend on state law. Talk to a local criminal defense lawyer for advice about lowering your sentence.

What Is a Criminal Sentence?

Sentencing is the part of a criminal case when the judge determines the criminal penalties after the jury delivers a conviction. Penalties in a criminal case can include:

• Prison time
• Fines
• Probation
• Community service
• Restitution
• House arrest
• Treatment programs

The most serious penalty for most criminal cases is jail time. County jail or state or federal prison means a loss of your freedom. You can lose many of your rights while serving a prison sentence, including the right to vote and the right to privacy.

A sentence does not necessarily mean the amount of time you will spend in prison. For example, you could be sentenced to five years in prison but be released on parole after two years. Many states have an indeterminate sentencing prison system that allows for discretionary parole. Other states have a determinate sentencing framework that does not allow for discretionary parole.

Reducing the Criminal Penalties Before and After Sentencing?

There are different points when you can attempt to reduce your sentence. As part of a plea agreement, you may be able to get the prosecutor and judge to agree to a reduced sentence. During the sentencing hearing, your attorney can show evidence of why the judge should reduce the sentence. After you begin your sentence, your attorney can file for a sentencing reduction to help you get out early.

What Is a Plea Bargain?

A plea bargain is an agreement between the defendant and the prosecutor to agree to certain charges in exchange for other benefits. With a plea bargain, defendants plead guilty and avoid a criminal trial. This usually helps defendants get better sentencing options. For example, you can plead to a lesser offense, have some charges dropped, and avoid the maximum jail time.

Your defense attorney can negotiate to get the best possible outcome. In some cases, your attorney can negotiate a plea deal to help you get probation instead of jail time.

What Happens at a Sentencing Hearing?

During the sentencing hearing, the criminal court judge can hear from the parties before deciding the penalties. In most states, the court will use sentencing guidelines. The sentencing guidelines provide a standard scale for criminal sentences, based on the specific offense, nature of the crime, criminal history, and other factors.

Federal sentencing laws use mandatory minimums and maximums. However, federal judges can go outside the guidelines for good cause and generally have to provide their reasoning in writing.

As the defendant, you have the right to be heard during the sentencing hearing. Your criminal defense attorney can speak on your behalf to try and get a reduction in sentencing. Some factors the court may consider include:

• Showing remorse and regret and taking responsibility for your actions

• Making life changes to address problems, like getting counseling or substance abuse treatment
• Paying restitution to the victim
• Being a first-time offender and showing a low risk of reoffending
• Playing a minor role in the criminal activity in question

Another option for a lighter sentence includes providing information to law enforcement or the prosecutor. For example, if you are being sentenced for a low-level drug crime, you can cooperate to provide information that leads to a bigger conviction of someone else. Talk to your criminal defense attorney if you think you have insider information that could reduce your prison sentence.

Can You Ask for a Sentence Reduction In Prison?

There are different ways to reduce your long sentence after you are convicted. This includes using sentence credit discounts, petitions for sentence modification, and compassionate release.

Sentence reduction credits or jail credits take time off your sentence. Your state’s department of corrections may give credit for good behavior or participating in work programs while in prison.

After sentencing, you can file a motion for resentencing (MFR). This is a petition that a judge considers to modify the original sentence, change prison terms, or get early release. You have to show good cause for changing the sentence, which could include:

• There was a clerical error
• The sentence was illegal under the Constitution
• The law has changed

Many states have changed their criminal laws around drug crimes, which allowed many inmates to get an early release.

Get a Criminal Defense Lawyer’s Help

If you want to know about your options for reducing your criminal sentence, talk to a local criminal defense lawyer. An experienced lawyer will know which arguments are more persuasive for a reduced sentence and how to negotiate for a better outcome.