The question “How much of a federal sentence must be served?” may seem like simple common sense, but it is anything but that. The fact is that the U.S. Federal Bureau of Prisons does not publish the exact number required to satisfy the mandatory minimum sentence for various crimes. In many cases, including Federal crimes such as drug possession, a sentencing guideline that the government insists must be followed.
Federal Law Makes
Federal law makes it mandatory that the serving of the sentence must begin when the defendant was incarcerated. In most cases, this means that the beginning of the jail sentence or the time the incarceration period begins. If a criminal defense lawyer seeks the opportunity to have the conviction started at a different time, he has to pursue that request with the government. It can prove to be a long process that delays the start of the punishment. However, there are times when the government will allow a defendant to serve part of their time in jail.
Filing a Motion
In the case of Federal crimes, the government must allow a defendant to serve part of their time in jail during their sentence. The U.S. Federal Bureau of Prisons website indicates the maximum number of months a person may spend in confinement. If the sentence is completed after this amount of time, the sentence becomes time-served. The only way for a Federal criminal defense lawyer to obtain this information is by talking to the prison directly or by filing a motion with the court.
Paperwork Indicating
In cases where time-served sentencing is granted, the actual length of time to serve is unknown until the day of release, however DUI lawyer Seattle WA may ask their clients to provide paperwork indicating the length of time they have done in confinement. This is often the best option, especially for clients who have specific knowledge of how long they were incarcerated. However, if the attorney knows the actual sentence, they will discuss whether or not their client can still seek relief.
Help Jail Time
How much of a Federal sentence must be served before the sentence is modified by the Judge? The Sentencing Guidelines state the minimum amount of time needed to help jail time. However, it does not specify how long a Federal defendant must serve. In Federal cases, it is up to the Judge to decide at what point in the sentence the defendant can seek additional time outside of the minimum.
Defendant
Federal cases are complex, and many factors must be considered. It is impossible to know the exact number of days a Federal defendant spent in jail while he awaited trial. We know that during the sentence, he must be subjected to all of the same procedures as any other defendant. Once he is convicted, he must pay all fines, undergo an evidentiary hearing, and be placed under house arrest. Once all of these procedures have been completed, the sentence is completed.
Judge Adjusts Verdict
How much of a Federal sentence has to be served before the Judge adjusts the verdict? As previously stated, the Sentencing Guidelines provide the exact number of days the defendant must do jail time. Once the correction is finalized, the Judge may request an additional time outside of the minimum. If the trial ends before the minimum jail time has been served, the defendant automatically loses part of his sentence. If the case does end within the minimum, the defendant may petition the Judge to include additional time in the sentence.
Conclusion:
How much of a sentence must be served outside of jail? In Federal cases, the sentencing guidelines will specify the exact number of months a defendant must do outside of prison. They will also determine if the defendant must undergo a supervised term, an unsupervised term or intensive probation. Federal cases will sometimes dictate extra time in prison, which may include time in jail. If the sentence is lengthy, the defendant must seek the help of an experienced attorney who has experience working with Federal clients. An attorney who has already handled cases similar to yours will know how to handle the additional burden placed upon him.
