MUST I APPEAR AT A HEARING TO RECEIVE A PARDON?

The answer is no.  But it may be in your best interests to do so.

When you file a petition for a pardon, you may request a hearing before the Illinois Prisoner Review Board at that time. Hearings are held four times a year in either Chicago or Springfield. The hearing gives you an opportunity to present witnesses on your behalf and show why you deserve a pardon.  A hearing also gives the Board an opportunity to put a face with a name and ask any questions they might have.

If you wish to apply for a pardon, consider hiring an attorney.  An attorney can help prepare your petition. You will need to include a personal history with your petition. An attorney can help tell your story in a compelling way as well as helping you to avoid common pitfalls. For example, it is extremely important to take responsibility for what happened in the past.  Some petitioners do not realize when they sound like they are blaming others.

An attorney can also help prepare you and your witnesses for hearing.  At hearing, you will need to come across as pleasant and sincere in your responses as possible. Losing your temper or rolling your eyes in dismay could backfire badly.  Some clients are unaware of how their facial expressions could be misinterpreted.

Before appearing at hearing, you will need to consider the following: Are there likely to be any witnesses appearing to contest your petition?  Do you clearly recall what happened?  Can you answer questions about the case without getting frustrated?  Are you able to accept responsibility for what happened even if you feel you were unfairly accused?  An attorney can help you deal with these issues.

If you have questions about executive clemency, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

CAN A PRISON SENTENCE BE COMMUTED BASED ON BAD HEALTH?

Let’s say your husband is serving a lengthy prison sentence in Illinois.  Unfortunately, he is diabetic, among other health issues, and has had a series of ministrokes during his period of incarceration.  The doctor at his prison is worried about his survival.

Is there a chance of winning early release due to his health?

The answer is yes. 

To win early release, you or your loved one would have to petition the governor for commutation of your loved one’s sentence.  Bear in mind that a commutation is not a pardon.  Commutation means asking to cut short a prison sentence, not to clear your criminal record.

An attorney can help by preparing the petition and supporting documentation to show the facts of your loved  one’s situation in their best possible light.  The petition must be filed with the Illinois Prisoner Review Board.  It is possible, and generally desirable, to request a hearing.  While the prisoner is not allowed to attend, the hearing gives you and other supporters the opportunity to humanize your loved one and show why they deserve to be let out early.

If you are hoping to get a sentence commuted, several questions need to be considered:  Is the health problem one that could lead to death or permanent disability?  Is the Illinois Department of Corrections in a strong position to treat it?  If your loved one is released, will there be sufficient funds and family support to assist him or her?  Bear in mind that the willingness of the governor to act may be directly related to the severity of the original crime. As such, a convicted burglar with lung cancer may be more likely to win release than a convicted murderer. 

If you have questions about executive clemency, contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.