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 the victim.

Need help with a military parole or clemency? Contact Military Justice International today!