Presidential Pardons, Clemency, Executive Pardons, Federal Reprieves, Commutation of Sentence Lawyer Attorney

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Presidential Pardons, Clemency, Executive Pardons, Federal Reprieves, Commutation of Sentence Lawyer

The President's pardon power is established under the United States Constitution, Article II, Section 2:

"The President ... shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment,"

The Law Office of Robert L. Keates handles and represents clients seeking a Presidential Pardon by authoring the lengthy motion and legal brief, and submitting the Pardon Application to the government. Because Presidential Pardons offer no "oral arguement" in court or testimony, a presidential pardon brief can be written in any state and submitted. Therefore, although Mr. Keates practices law in Texas, California, New York, and Washington D.C., he can aid an individual seeking a presidental pardon from ANY STATE.

Please read below to see whether a Presidential Pardon could work for you, and then give us a call for a Free Phone Consultation at 512-216-3211.

 

What will a Presidential Pardon do for me?

The purpose for which pardon is sought may influence disposition of the petition. A felony conviction may result in a wide variety of legal disabilities under state or federal law, some of which can provide persuasive grounds for recommending a pardon. For example, a specific employment-related need for pardon, such as removal of a bar to licensure or bonding, may make an otherwise marginal case sufficiently compelling to warrant a grant in aid of the individual's continuing rehabilitation. On the other hand, the absence of a specific need should not be held against an otherwise deserving applicant, who may understandably be motivated solely by a strong personal desire for a sign of forgiveness.

Who Can Apply for a Pardon.

Individuals convicted of Federal Crimes may petition the president in certian instances, including expiration of a waiting period of at least five years subsequent to the date of the release of the petitioner from confinement or, in case no prison sentence was imposed, until the expiration of a period of at least five years subsequent to the date of the conviction of the petitioner. If the conviction was one involving violent crimes, violation of narcotics laws, gun control laws, income tax laws, perjury, violation of public trust involving substantial sums of money, violations involving organized crime, or other crimes of a serious nature, typically (although there are exceptions) the waiting period is increased to seven years. The waiting period may be waived in cases of aliens seeking a pardon to avert deportation.

Federal convictions only

Under the Constitution, only federal criminal convictions, such as those obtained in the United States District Courts, may be pardoned by the President. In addition, the President's pardon power extends to convictions obtained in the Superior Court of the District of Columbia and military court-martial proceedings. However, the President cannot pardon a state criminal offense.

Five-year waiting period required

As described above, under the Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., a minimum waiting period of five years after completion of sentence is required before anyone convicted of a federal offense becomes eligible to apply for a presidential pardon. The waiting period, which is designed to afford the petitioner a reasonable period of time in which to demonstrate an ability to lead a responsible, productive and law-abiding life, begins on the date of the petitioner's release from confinement, or, if the sentence carried with it no imprisonment, the waiting period begins on the date of sentencing. In addition, the petitioner should have satisfied the penalty imposed, including all probation, parole, or supervised release. Important Note: The waiting period begins upon release from confinement for your most recent conviction, whether or not this is the offense for which pardon is sought, but can be waived by written request for only in the most exceptional circumstances.

Effect of a pardon

While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the stigma arising from a conviction, it will not erase or expunge the record of your conviction. Therefore, even if you are granted a pardon, you must still disclose your conviction on any form where such information is required, although you may also disclose the fact that you received a pardon.

Process for a Presidental Pardon

Contact us to begin writing your Presidential Pardon Brief; it can be a lentghy process of research as well as interviewing the applicant concnerning biographical and cirminal history. Additionally, no hearing is held on the pardon application by either the Department of Justice or the White House. There is no appeal from the President's decision to deny a clemency request. If your petition is denied, you may submit a new petition for consideration two years from the date of denial.