Drug clemency is a process which declares that a punishment was too harsh initially. The state and federal governments then take individuals that have been arrested and convicted of drug crimes and reduce their sentences or may even pardon crimes to strike a fairer and balanced penalty. The Times reports that the Obama Administration is currently looking for candidates for a drug clemency program that can help some convicted individuals to get out of jail early.

The U.S. Deputy Attorney General announced at the New York State Bar Association event last week that the Justice Department wants to send names to the White House for clemency consideration. The New York State Bar Association speakers asked that criminal defense lawyers consider some of their clients and recommend them for clemency if they see fit to do so.

The Times reports that the Obama administration will be focusing primarily on cases that have to do with crack cocaine. This tends to disproportionately affect black communities who have a history with this strong narcotic. Mandatory sentencing minimums for crack cocaine offense were reduced in 2010. Still, many individuals have been arrested and convicted of crack cocaine offenses based on old sentencing guidelines.

The Times reports that if many of these individuals were arrested for the same crime today, they would have received a much lighter sentence. The Obama Administration has already commuted the sentenced of eight federal inmates. The Department of Justice is now searching for other low-level nonviolent drug offenders who would receive lighter sentences if they were tried under the new crack cocaine sentencing guidelines.

The District Attorney who announced the clemency possibilities at the New York State Bar Association Event was very clear about who will be considered for this privilege. All clemency candidates must have a clean prison record and must not be a threat to public safety. As well, the individuals must have no significant ties to gangs or cartels. The candidates must have been sentenced under outdated guidelines or laws/

Normally, recipients of clemency won't be pardoned. Instead, they will serve their time but in a short and understandable sentence. Attorneys have been encouraged to contact any former clients who were convicted of cocaine use and encourage them to file commutation petitions. These individuals may be able to receive a lighter sentence, possible even probation or parole instead of jail time, as a result of their crime.

If you believe that you may qualify for clemency, talk with a local criminal defense attorney today. With the right lawyer on your side, you may be able to create a legitimate application for clemency and prove that you deserve to be pardoned or receive a reduced sentence. Call today for more information!