More defendants find themselves cooperating with the government in an effort to reduce their sentences. I have learned that judges always seek evidence that a defendant has had a "change of heart" that has generated "genuine remorse," and is highly unlikely to re-offend. The key here is to determine whether the client is unlikely to reoffend.
Alan Ellis has teamed with Prisonology, a network of retired BOP and U.S. Probation professionals, and Maureen Baird, a highly respected retired BOP warden, who is one of the foremost experts on the First Step Act (FSA). Together, they will provide a complete packet of information based on the inmate's profile ...
Federal sentencing and prison experts Maureen Baird, Mark H. Allenbaugh, and Alan Ellis with The Law Offices of Alan Ellis evaluate the effectiveness of the First Step Act, a bipartisan bill passed in 2018. They say that earned time credits, which allow for ...
By Maureen Baird The Bureau of Prisons (BOP) Inmate Financial Responsibility Program (FRP) is the mechanism used to enforce payment of special assessments, fines, penalties, and restitution imposed by the sentencing court. Normally, a special assessment in the amount of $50.00 is assessed to each felony count. While the BOP has limited authority to seize ...
The First Step Act-Earned Time Credits Part 1 - Introduction BY MAUREEN BAIRD, MARK ALLENBAUGH AND ALAN ELLIS The First Step Act (FSA), passed on December 18, 2018, is a sentencing reform law that directly impacts offenders serving a federal prison sentence in ...
Alan Ellis, Mark Allenbaugh and Doug Passon discuss a U.S. Supreme Court decision examining the use of acquitted conduct at sentencing. The authors argue that based on the high court’s ruling, only facts arising out of a final conviction, and not elements of acquit- ted, dismissed, or uncharged crimes, may be considered at sentencing.
In 1989, the Bureau of Prisons (BOP) implemented its first Residential Drug Abuse pilot program. Under it, an inmate who completed the then 12-month program received no incentive by way of reduction in sentence. That changed with the passage of the 1994 Violent Crime Control and Law Enforcement Act. This important legislation mandated a number of changes
RDAP is the only BOP program through which federal prisoners can earn a sentence reduction. To qualify for RDAP, one must, inter ...
See below for a list of the Bureau of Prison's Residential Drug Abuse Programs and locations or download the list here.
In the course of my interviews with more than 30 federal judges over the past four years on what works and doesn’t work in sentencing advocacy, I asked many of them what a defense lawyer could do when he has a client who has committed a heinous crime. Most judges seem to agree that con men who prey on vulnerable ...
