In federal court, many people who are accused of crimes face very steep sentences. Those steep penalties give federal prosecutors plenty of leverage when it comes to obtaining guilty pleas. But now, some federal prosecutors are even taking things a step further, by placing a condition in plea agreements that prohibits defendants from seeking a reduction in their sentence, even when asking for Compassionate Release. Compassionate release is a mechanism under federal law, which allows a judge to reduce an inmate’s sentence, under limited circumstances. Most recently, the First Step Act, expanded programs that allow for compassionate release and home confinement. Despite this expansion, compassionate releases are still rare, and federal prosecutors often vigorously oppose them. But now, some federal prosecutors are seeking to insert limitations to seeking compassionate release in to their plea agreements. This type of plea agreement was recently rejected by a district judge in northern California, who called such provisions “inhumane”. In view of the flood of compassionate release motions, due to the COVID-19 pandemic, we may very well see more attempts by federal prosecutors to limit such filings. Criminal defense lawyers should be on the look out for this important issue, and be prepared to fight hard against it.
Covid-19 Part 3: Reporting for Probation, Parole and Registry
During these uncertain times, I have been flooded with a lot of questions from both colleagues and clients regarding the closing of courts. First, any closing of the courts is generally a decision left up to each individual court. In my home state - Ohio, we have...
