Being sentenced to a federal crime can be very stressful and depressing, especially if it’s your first time. Sometimes the sentence can be too high for a crime that maybe happened accidentally. Irrespective of the crime you are sentenced to, it’s important to know the regulations and whether your sentence can be reduced. If you are arrested in Texas for fraud, drug charges, or other crimes, you can still appeal for the reduction of your sentence during the sentencing. It’s crucial to note that trying to reverse the sentencing after the case is closed can be very challenging. This article will explore circumstances to get your prison sentence reduced.
Can a Federal Sentence Be Reduced?
This is one of the major questions one asks themselves when they are almost facing sentencing. The answer is yes, but it might sometimes be based on corporations with federal bureaus of investigation.
However, it’s important to always consult with your Texas Federal Crime Lawyers in Texas for representation and to advise you on what you need to do or say to get the upper hand in the reduction of the sentence. When working with the FBI, they might ask you to provide them with information about your case and testimonies of what occurred. They can also ask you to become their long-term informant of a special criminal organization you might know of.
Federal Sentencing Guidelines
The federal judges have a limitation on the number of reductions they can give. Further, this will depend on the crime and the United States sentencing guidelines, which have established the minimums for certain crimes. Without the minimums, federal sentencing can be reduced as much as possible with the help of a skilled and experienced attorney who understands mitigation factors. Some of the ways to get a federal sentence reduction include
1. Criminal History
Your criminal record can play a crucial part when looking to sentence reduction. If you have a nonexistent or minor criminal history, it will play a great role in the criminal history mitigating factor to persuade the court to reduce your sentence. If you have been convicted before, your sentencing might differ from when you were convicted for the first time. Your lawyer can also draw the judge’s attention toward the other mitigating factors that can work in your favor.
2. Duress and Coercion
Another way to help favor you in the case of federal sentence reduction is if the crime was committed under duress or you were coerced by force or threatened. When using this mitigation factor, your attorney will use the evidence to prove that the action resulted from an outside force that held your will.
3. Diminished Capacity
If you acted under seriously reduced mental capacity, the diminished capacity is your mitigating factor. It’s important to note that the diminished capacity must be a core component that led one to commit the crime they did. An example is if you have an impairment or serious mental illness. If the crime was caused by deliberate taking drugs and drinking alcohol, the mitigation factor component will not be used.
The federal sentence reduction is challenging. You need a reputable and experienced lawyer to help prove the mitigation factors. As observed, some mitigation factors require great technique and evaluation of evidence to prove some innocence.