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What is a Pardon Attorney and Their Role in the Pardon Process?
Definition & meaning
A pardon attorney is a lawyer employed by the U.S. Department of Justice who evaluates applications for federal pardons. Their primary role involves preparing recommendations for the President regarding each application. The pardon attorney identifies candidates who show promise and forwards their applications for the President's consideration. It is important to note that the duties of a pardon attorney are discretionary, meaning they are not legally required to grant a pardon or follow a specific procedure in every case.
Table of content
Legal use & context
Pardon attorneys operate within the realm of criminal law, specifically focusing on the process of obtaining federal pardons. This process allows individuals with federal convictions to seek forgiveness for their offenses, which can restore their civil rights and improve their quality of life. Users may manage aspects of this process themselves using legal templates available through services like US Legal Forms, which can assist in preparing applications and understanding the necessary steps.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who was convicted of a non-violent drug offense may apply for a federal pardon after demonstrating rehabilitation and a clean record for several years. The pardon attorney reviews the application and, if deemed promising, forwards it to the President.
Example 2: A hypothetical example involves an individual who committed a federal white-collar crime but has since made significant contributions to their community. They may seek a pardon to remove the stigma of their past conviction.
Comparison with related terms
Term
Definition
Key Differences
Pardon
A government decision to allow a person to be relieved of some or all of the legal consequences of a criminal conviction.
A pardon is granted by the President or a state governor, while a pardon attorney evaluates applications.
Commutation
A reduction of a criminal sentence.
Commutation alters the length of the sentence, whereas a pardon forgives the crime itself.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify for a federal pardon, start by gathering all relevant documentation regarding your conviction and rehabilitation efforts. Consider using legal form templates from US Legal Forms to assist in preparing your application. If your case is complex or you have questions, it may be beneficial to consult with a legal professional who specializes in pardons.
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Varies; some may incur legal fees if hiring an attorney.
Jurisdiction
Federal level, overseen by the U.S. Department of Justice.
Possible Outcomes
Pardon granted or denied.
Key takeaways
FAQs
A pardon forgives a crime, while a commutation reduces the length of a sentence.
The duration can vary widely, often taking several months to years depending on the complexity of the case and the number of applications being processed.
Yes, individuals can apply for a pardon themselves, but using legal templates or consulting with an attorney may improve the chances of success.