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If I am charged with a federal crime that has a mandatory…

If I am charged with...
If I am charged with a federal crime that has a mandatory 6-12 month sentence, can a judge give you house arrest or anything else instead?
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Answered in 1 minute by:
8/2/2016
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is yes. The Court can at its discretion suspend a sentence, for example. However, this is not common. In addition, the chances are better that the Court go off the guidelines for sentencing if your attorney files and has approved a Motion for Downward Departure.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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Customer reply replied 1 year ago
I am accepting a plea agreement of a charge that has a level 10 which is equivalent to 6-12 months. My lawyer said he should be able to get that down a couple levels which would mean no jail time. He also said he will probably be able to get me a cooperation letter too.(which would basically guarantee no jail time.
Does this make sense to you?

Yup, it does. This is not uncommon.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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Customer reply replied 1 year ago
Is it also common to receive a plea offer before getting any other charges? I thought it was the other way around… You get charged for something for example which would mean 3-5 years, but then you enter into a plea agreement which we now take you down to 1-3 years.
Customer reply replied 1 year ago
I have been cooperating with the FBI with my lawyer for a couple years, and now recently my lawyer tells me is that they offered a plea… That was confusing. Because I was never arrested or charged with a higher level from what I know

Every case is different. It is not unusual to get a plea deal while other charges are still pending. A good attorney will then try to wrap any pending charges into that plea deal, i.e. get a promise that the Defendant would not be charged with anything else.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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