Military Criminal Defense Attorney for Clemency Requests
Clemency is an action by either a court-martial convening authority or
a Clemency and Parole Board that can result in the mitigation, remission,
or suspension of the whole or any part of an individuals’ court-martial
sentence. To receive clemency from the convening authority, the accused
may submit a request for clemency after the sentence is announced but
before the convening authority takes final action.
Pursuant to the UCMJ, each Service Secretary may also grant clemency on
unexecuted portions of a court-martial sentence. Primarily the Service’s
Clemency and Parole Boards exercise these clemency powers. Each board
consists of five senior officers and provides recommendations and advice
to the respective Service Secretary. Our attorneys are experienced with
these requests for clemency and available to represent you during this process.
Parole is the conditional release of a convicted accused from confinement.
The servicemember’s service regulations should be reviewed to determine
eligibility criteria. The eligible applicant must submit a parole plan
to the appropriate Service’s Clemency and Parole Board. At a minimum,
the parole plan must provide a residence requirement, and the prisoner
must have guaranteed employment, an offer of effective assistance to obtain
employment, or acceptance into a bona fide educational or vocational program.. A
military criminal defense lawyer from our firm can help at this time.
Military prisoners transferred to the Federal Bureau of Prisons to serve
their sentence are paroled at the discretion of the Federal Bureau of
Prisons. The U.S. Probation office supervises all parolees. In general,
the Clemency and Parole Board looks at the nature and circumstances of
the crime; the military and civilian background of the offender; a substantial
post-conviction educational or rehabilitative effort; post trial progress
reports; recommendations of the military judge and legal officer; psychiatric
evaluations; any statement by the victim; and, any restitution made to