There is much more involved in a criminal sentence than a mechanical application of the Federal Sentencing Guidelines to an adjudicated crime. Since January 12, 2005, when the United States Supreme Court ruled that the United States Sentencing Guidelines are advisory rather than mandatory, there are a multitude of personal and offense characteristics that can be considered by the courts in imposing a sentence. Since then, there are and have been been many situations where the courts have varied greatly from the Guidelines. We have been involved in many of those cases. An offender can now receive a downward departure or a discretionary sentence for a multitude of reasons other than providing “substantial assistance” to the government. There is also a mechanism available for avoiding a mandatory minimum sentence. A federal offender can receive a downward departure for physical disabilities, age, family circumstances, coercion, duress, and mental incapacity, the effect on innocent third parties the acts of the victims and even the role of the government. Quite often the granting of these discretionary departures can eliminate a prison sentence altogether or significantly reduce the time of incarceration.
Quite often there are diversionary programs, which may be available to eliminate or minimize a term of incarceration. Community Correction Centers (Halfway Houses) and Residential Drug Treatment Programs may also be available which can be an alternative to prison or can substantially reduce a prison sentence.
Additionally, courts can now impose sentences that involve split sentences, staggered sentences, intermittent sentences, home confinement, supervised release, probation and halfway houses rather than just a lengthy period of incarceration in a prison.
A complete and accurate background history as well as an evaluation of the circumstances surrounding your crime may provide the sentencing judge with the basis for a substantial downward departure from the initial Federal Sentencing Guideline level.
NPSC provides a thorough and detailed analytical and factual investigation to determine the availability of any and all methods to reduce a term of incarceration or eliminate a prison sentence altogether. We work closely with you, your family, your attorney, and medical and other professionals to develop a comprehensive presentation to the United States Probation Department, the Court and the Bureau of Prisons.
For a candid and detailed discussion of what we may be able to do for you, please contact us.
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