Litigation of criminal charges in federal court is not always in the best interests of the client. Conviction rates are higher than in state courts and the consequences more severe. While there are risks and opportunities present in both the plea agreement and criminal trial processes in either the state or federal settings, there can be distinct advantages in seeking a
plea agreement within the federal system.
Acceptance of Responsibility
Federal sentencing guidelines establish specific terms of incarceration which must be served by individuals convicted of
felonies and Class A misdemeanors within the federal court system. However, these ranges can be reduced by two levels through the Acceptance of Responsibility plea agreement process, resulting in a two to four year decrease in the sentence. When defendants accept responsibility for their actions early in the litigation process, they may qualify for this sentence reduction. The US Attorney’s Office can state their support of the Acceptance of Responsibility plea agreement but ultimately the judge adjudicating the matter will determine whether or not to allow the adjustment.
For serious crimes the sentence can be reduced by an additional level when specific guidelines are met. In this instance, the US Attorney’s Office must file a motion stating that the defendant accepts the terms of the Acceptance of Responsibility plea agreement. This level-three decrease can result in an overall reduction of the sentence by four to six years.
Exceptions
While the plea agreement process can benefit many clients, sometimes litigation is a better choice. During a trial the case could be dismissed, pertinent or exculpatory evidence might be found inadmissible, a defendant could be exonerated, or a defendant might receive a lesser sentence than he would have under a plea agreement. Even if a defendant is found guilty, he may still qualify for a reduction in his sentence under the Acceptance of Responsibility plea agreement process. Specific requirements must be met to receive the adjustment after the conclusion of a trial and the amount of the reduction will be less than it would have been prior to litigation.
Expertise
Federal sentencing guidelines and the related Acceptance of Responsibility plea agreement process are specific to the federal court systems. Attorneys who work solely within a state’s criminal justice system are unlikely to understand the nuances of these procedures or appreciate the opportunities which may be afforded to defendants. Therefore it is critical that individuals facing criminal charges in federal court be represented by a
board certified federal criminal defense attorney. These attorneys have the experience to evaluate the circumstances of a case, allowing them to determine which options are likely to produce the best outcome for the client. They also have the expertise to achieve their clients’ goals.
What is Acceptance of Responsibility?
U.S.S.G. sec. 3E1.1 set out that “If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels”, and if the offense is “level 16 or greater” and the defendant has entered a guilty plea, the offense can be reduced by one additional “level”. This is the reason why some defendants may plead guilty in Federal criminal cases, even though they have a constitutional right to a trial.
Levels of offense determine how long a person may be imprisoned, how much they can be fined, or what length of probation they may be subject to. The Federal Sentencing Guidelines include 43 levels, with level 1 being the least serious, and level 43 being a minimum sentence of life imprisonment. A level 1 offense in contrast could result in 0-6 months of prison.
Speaking to an attorney can help you to determine whether this claim is available to you.
How Can You Become Eligible Under the Acceptance of Responsibility Provision?
Acceptance of Responsibility requires that you must truthfully admit the conduct, must withdraw from criminal conduct and associations, and must voluntarily surrender and provide assistance to authorities.
In addition, you must undertake post-offense rehabilitative efforts such as drug rehabilitation, anger management therapy, or other conduct that shows an intention to change. Finally, all of this must be done in a timely manner.
The decision to grant an
Acceptance of Responsibility claim lies with the judge, even if the US Attorney’s Office may agree that the sentence could be reduced. If you are seeking a three-level reduction for a serious offense, the US Attorney’s Office must also submit their support for this to the judge.
If you plead guilty hoping to get a reduction in your sentence, this means that your case will not go to trial on the issue of your guilt or innocence. However, if there are related issues, it may still be possible to challenge related issues in court, such as deeper legal or constitutional issues, without threatening your sentence reduction. Your lawyer will be able to advise you on the particulars of your case.
How Likely Is It That A Reduction Will Be Granted?
Many Federal cases in the US are settled by
plea bargain, meaning that it is likely that if you claim Acceptance of Responsibility you will be able to obtain a reduction in your sentence.
It is also important to know that the benefits of the “Acceptance of Responsibility” claim can be lost if you go on to deny related or relevant conduct, obstruct justice, or create more difficulties or frivolous denials in any other part of the trial. Essentially, a sentence reduction requires that you accept responsibility, and then continue to cooperate.
It may not be in your best interests to file a claim for Acceptance of Responsibility, as it will depend on how much evidence the prosecution has against you, as well as other potentially mitigating factors.
Get Help from a Board-Certified Attorney
If you want to find out more about your eligibility or suitability for filing a claim for Acceptance of Responsibility, StechLaw Criminal Defense can help. Attorney Ben Stechschulte is a Florida board-certified trial lawyer and has brought over 60 cases to verdict. We are available 24/7 to take your call and discuss the specifics of your case.
Contact our Tampa, FL law firm at
(813) 280-1244 to speak to an experienced
Federal defense attorney, or request a free case review online.
