Drug Offenses & Clemency

Florida prosecutes drug offenses very aggressively, being one of the few states to retain mandatory minimum sentences for drug-related crimes. If a person is convicted of a drug-related offense, it is likely that the sentence imposed will be quite severe. If nothing else, though, a convicted person may hold out hope for clemency from an elected official, whether Florida’s governor or the president of the United States. While it is common for outgoing presidents to issue pardons and commutations, they are nowhere near as likely to happen to the average person as one might think.

Pardon vs Commutation

Clemency is a broad umbrella term for any action taken by an elected official to lower the amount of prison time served by an individual convict. The most common types of clemency are pardons and commutations. These are often referred to interchangeably, but they are not the same. A pardon restores all lost civil rights, while a commutation does not; a pardon is granted with relative impunity, while a commutation often comes with probation-like conditions that the recipient must observe or they can be returned to jail.

A convicted person may file a clemency request if they so desire, but the chances of its being granted are very rare. In Florida, the governor must also conform to certain requirements before granting clemency – for example, in order to issue a pardon or commutation, he must have the approval of at least two Cabinet members before moving ahead. One other thing to keep in mind is that a state official can only pardon state crimes, while only a federal official like the President can pardon federal crimes.

Can Clemency Be Revoked?

Both U.S. and Florida state law lack any provision saying that clemency can be revoked. However, in recent months, a debate involving an alleged career criminal has Florida’s attorney general ordering the Office of Statewide Prosecution to review “every auto-penned commutation and pardon” from the Biden administration. He has no authority to do so, and his office has no authority to overturn or invalidate a presidential pardon or commutation.

A person whose sentence has been commuted may be re-arrested for a similar offense, but the Fifth Amendment to the U.S. Constitution bars double jeopardy (being tried twice in the same court for the same crime). If you have been lucky enough to receive a pardon or commutation from the relevant authorities, it cannot be revoked, particularly not unilaterally. If someone tries, enlisting the right attorney to protect your rights is crucial.

Contact A West Palm Beach Drug Offenses Attorney

It is true that a small percentage of people convicted for drug crimes may receive commutation of their sentence or even a full pardon for their crime(s). However, they are few and far between, and in recent years, their status is becoming debatable (despite it being against the law). A West Palm Beach drug offenses attorney from the firm of Perlet & Shiner, P.A. can help protect your rights in court. We are ready to fight for you – call our office today to schedule a consultation.

Source:

cbs12.com/news/local/florida-crime-guns-cocaine-autopen-clemency-felon-back-in-cuffs-in-st-pete-facing-fresh-gun-and-drug-charges-attorney-general-james-uthmeier-joe-biden-administration