Texas Petition for Commutation of Sentence

State:
Multi-State
Control #:
US-PARD-001
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PDF
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Description

This is a petition for commutation of sentence. Commutation is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself.

The Texas Petition for Commutation of Sentence is a legal document that allows an individual convicted of a crime in Texas to request a reduction or alteration of their sentence. This petition is filed with the Texas Board of Pardons and Paroles, an independent agency responsible for making determinations on clemency matters in the state. A commutation of sentence refers to a modification of the original sentence imposed on an offender. It can involve reducing the length of imprisonment, changing the type of punishment, or altering the conditions of parole or probation. A commutation is not a complete pardon but provides an opportunity for an offender to have their sentence lessened. There are different types of Texas Petition for Commutation of Sentence, each addressing specific circumstances and necessitating distinct considerations. The most common types include: 1. Regular Commutation Petition: This petition is used by individuals seeking a general reduction in their sentence due to various reasons such as demonstrating exemplary behavior during incarceration, significant rehabilitation, or evidence of wrongful conviction. 2. Medical Commutation Petition: This type of petition is filed by offenders who have developed serious medical conditions or terminal illnesses while serving their sentence. It seeks a reduction in sentence or transfer to a medical facility for appropriate care. 3. Elderly or Geriatric Commutation Petition: This petition is targeted towards elderly offenders who are facing substantial health issues associated with old age. It emphasizes the limited risk they pose to society and argues for a reduced sentence or alternative forms of punishment. 4. Juvenile Commutation Petition: Specifically for individuals who were sentenced as juveniles but are now adults, this petition addresses the unique circumstances of juvenile offenders, such as their potential for rehabilitation and the evolving understanding of brain development in young adults. 5. Clemency for Victims of Human Trafficking: This particular petition aims to assist individuals who were forced into criminal activities due to human trafficking. It highlights the exploitative circumstances in which these individuals were involved and seeks relief or a reduction in their sentence. 6. Capital Commutation Petition: In cases where the original sentence was the death penalty, this petition allows an offender to request a commutation of their sentence to life imprisonment or another less severe punishment. It often involves presenting new evidence, irregularities during the trial process, or mitigating circumstances. When drafting a Texas Petition for Commutation of Sentence, it is crucial to provide a detailed and persuasive argument, supporting evidence, and any appropriate documentation. Experienced legal counsel can guide individuals through the process, ensuring that the petition adheres to the specific requirements outlined by the Texas Board of Pardons and Paroles.

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FAQ

To ?commute a sentence? is the power to substitute a sentence imposed by the judiciary for a lesser sentence. In other words, it means the power to reduce or lessen a sentence resulting from a criminal conviction. For example, a ten-year sentence may be commuted to a five-year sentence.

The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed thirty (30) days; and he shall have power to revoke conditional pardons. With the advice and consent of the Legislature, he may grant reprieves, commutations of punishment and pardons in cases of treason.

For example, a death sentence may be commuted to a sentence of life imprisonment. Some grounds for commutation of a sentence are good behavior, illness, old age, or when the sentence is unreasonably harsh in comparison to other similar cases.

(a) In all criminal cases, except treason and impeachment, the Governor shall have power, after conviction or successful completion of a term of deferred adjudication community supervision, on the written signed recommendation and advice of the Board of Pardons and Paroles, or a majority thereof, to grant reprieves and ...

The Governor has the authority to grant clemency upon the written recommendation of a majority of the Texas Board of Pardons and Paroles (Board).

The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed 30 days; and he shall have power to revoke conditional pardons. With the advice and consent of the Legislature, the Governor may grant reprieves, commutations of punishment and pardons in cases of treason.

In the judicial system, the meaning of clemency generally refers to a decision by an authority to reduce the punishment. Clemency can take the form of a pardon, which completely absolves an individual of guilt, or a commutation, which reduces the sentence without forgiving the person convicted.

In the federal system, commutation of sentence and pardon are different forms of executive clemency, which is a broad term that applies to the President's constitutional power to exercise leniency toward persons who have committed federal crimes.

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Certified court documentation (indictment, judgment and sentence) for each adult conviction for which you are requesting a Commutation of Sentence. For complete ... Petition for Commutation of Sentence. Please read the accompanying instructions carefully before completing the application. Type or print the answers in ink.May 20, 2018 — The application can be found online by going to clemency.com. The petition must be sent to the United States Office of the Pardon Attorney. You ... Dec 30, 2019 — The governor can, by written request, ask the Board to investigate and consider recommendation of a commutation of sentence in any case. This ... Access to quality Texas Application for Commutation of Sentence and Instructions and Checklist samples online with US Legal Forms. Avoid hours of misused ... Section 143.52 begins detailing the actual procedure for obtaining commutation of a felony or misdemeanor sentence. Before discussing the practical application ... How the State should respond to an inmate's clemency application with the Texas Board of Pardons and Paroles · 1) recommend to the governor the commutation of ... Contact an award-winning post-conviction relief lawyer today. FREE consultations. Call (866) 617-7158. Jun 30, 2014 — Eligibility: All inmates are eligible to apply. If a previous commutation of sentence petition was denied, the inmate must wait one year from ... (West). The Governor shall have power to remit fines and forfeitures and to grant reprieves, commutations of sentence and pardons, except in cases of ...

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Texas Petition for Commutation of Sentence