Commutation Attorney Oklahoma
How to qualify for commutation in Oklahoma
By Joshua C. Smith
What Is A Commutation?
Commutations are a form of clemency that can help reduce the overall time a person has to spend in prison after a conviction. A commutation is different than Parole or Pardon. A commutation is a change of a sentence to one that is less severe, but does not alter the underlying criminal conviction. For example, a commutation could reduce a sentence from life without the possibility of parole to life with parole, or reduce a sentence from 10 years to 5 years. However, a commutation is not considered early release. Rather, a commutation is a mechanism to correct an unjust or excessive sentence. With the current state of Criminal Justice Reform, commutations are on the rise and there has never been a better time to file for commutation.
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How Does A Commutation work?
There are two stages to a commutation. The first stage is a Qualification Review. During a qualification review, the Pardon and Parole Board will conduct a jacket review. A jacket review is a review of the Application as well as any other materials, which may be submitted to the Board for review. The jacket review is used to determine if the Application has merit and should be passed to Stage Two. Stage two is the Commutation Hearing which is a hearing for further investigation and consideration of a sentence commutation.
If the application is passed to Stage Two, the offender will have a personal appearance with the Pardon and Parole Board via video conferencing. If an offender receives a misconduct prior to the hearing, the personal appearance is stricken, or cancelled, and the offender becomes ineligible for commutation at the scheduled hearing.
During a Stage Two Commutation Hearing, an offender’s family and friends, may speak on his/her behalf. Although family and friends are allowed to attend the Stage Two Commutation Hearing, only two persons can go before the Pardon and Parole Board and only one (1) is allowed to speak for two minutes. Friends and family may also submit letters in support of the offender’s application to the Pardon and Parole Board for review. The support letters must be submitted with the application. Letters may be typed or handwritten on one-side only. Handwritten letters must be legible. Pages must not be stapled together. Letters must include the offender’s name, DOC number, and docket month and year on top of the each page and on the back of the envelope.The deadline to submit such documentation is two weeks prior to the hearing date.
Victims and/or victim’s representatives, the judicial representative from the court of conviction, a representative from the arresting law enforcement agency, and/or the District Attorney are also allowed to protest the application.
After the personal appearance, the Pardon and Parole Board will vote to either favorably recommend a commutation and/or deny the request. If a favorable vote occurs, the commutation will be forwarded to the Governor. The Governor does not have a statutory time line in which to respond.
How to qualify for commutation?
The most important factors the board considers when determining commutation is the time spent serving the sentence, the nature of underlying charge, and the behavior of the individual during their time of incarceration.
Commutation will only be granted if the individual has served a minimum of two years of their sentence and has been on model behavior since their conviction. Common types of commutations include the removal of multiple sentences (such as the total number of years of the individual’s sentencing being more than the lifespan of the individual), the death penalty being reduced to a life sentence, and the possibility of parole being added to an individual’s sentencing.
The Law office of Joshua C. Smith is an experienced Criminal Defense Firm on the forefront of criminal justice reform. We are dedicated to helping Oklahoman’s get their lives back. Contact us to see why Joshua C. Smith is the Oklahoma Lawyer.