NOTE: If you know an inmate with 3 or more years on their sentence, this may well be their only hope of getting out early, and you should CALL me so that you know all the options! NO charge to explain it all to you.
In the Federal system, you will see that for a Pardon, they talk about a five year waiting period. If I think you have a good chance (which can be determined in a brief conversation with the inmate or his/her loved one), you should NOT be concerned with that. Talk to me about it and we can get it waived!
YOU should encourage anyone with 3 or more years left to serve to CALL me. 302-423-4067. There is NO charge for me to explain the process and answer any questions. Then, at least, they will know their options. They need to be out of that God-awful place called prison as soon as possible, if they have a chance. If they don’t have a chance I’ll tell you that. I “tell it like it is”!
There seems to be a misconception that one must wait for the outcome of any appeal before applying for clemency. This is not true, except for state (not federal) cases in Colorado, California, and Delaware. You should NOT wait, for appeals typically take 4 to 7 years or longer to wind through the courts! Moreover, even if you win, the result usually is a new trial, so if the government wants to retry you … you are back to square one and still behind bars! Most often, Clemency is the fastest and perhaps the only way out …. the way to unlock that prison cell door! I cannot tell you how many appeals I have seen written by lawyers paid tens of thousands of $$$$$ to file an appeal, with have NO – zero – zip – nada- none – chance of success. They look impressive, but NEVER will succeed! Nor can I count the number of callers I have spoken with who have fallen victim to such lawyers! In fact, I have three cases now where the client is on the payment plan – it will take more than one year to pay my fee and get the Application filed – because they mortgaged their home and paid too much to some jackass attorney!
NOTE ALSO: If you are considering hiring a lawyer for a Parole Application you are crazy if you don’t call me before doing that!! 🙂 They deny parole time after time after time. Clemency/Commutation is a different process, usually far more likely to succeed.
If you are considering Clemency/Commutation, READ Practical Tip – SAVE the Record of ANY Accomplishment in Prison ; it could mean your loved one’s FREEDOM!
I suggested to The Innocence Project about 20 or more months ago that they go for commutations* [in states where they can – in some states you cannot do both] instead of /while they litigate actual innocence. Now (12/30/16) we see they did that successfully in New York! *After all, what you want is results – get his/her butt out of prison and establish his/her innocence later! Read Do What Works!
READ TOO http://www.citizensforcriminaljustice.net/louisiana-man-exonerated-dna-evidence-serving-nearly-38-years-sad-say-shall-see-years-kra/ and Know Anyone With an Innocence Project Team? Practical Tip: Tell them “Get them out First”
If your loved one has 3 or more years left, call me about this. And PLEASE don’t tell me “that won’t work”. I have gotten too many out to hear that crap! CALL me with pen and paper ready and I can assess the chances of success. Plan on 15 to 20 minutes. IF they have a chance, I’ll tell you; If they don’t I’ll tell you and will not take your money. Good Lord, I got an email last week from a lady I am helping telling me about a call she got from a lawyer guaranteeing he could get her fiance out … and asking for many thousands of dollars. I told her to run the other way … and someone should shoot that greedy jackass lawyer!
Caution! I caution everyone NOT to do this yourself! I have seen lawyers mess this up and I have seen several very smart inmates screw this up, thinking they could do it themselves! No doubt some of those guys had a genius IQ. There is a knack to these things (which I seem to have), and I cannot warn you enough that you should not try this yourself; hire an attorney with a track record of success with these. As my sample fee agreement indicates, I will do it for far less than most. You do not, not, not want to do it yourself because when it is denied you must wait from 1 year to 3 years to file again (this varies from state to state). This is a process which is different than most work lawyers do, such as Motions and appeals. You need someone who is good at it.
UPDATE OF 2/23/18: Another disappointment from working with not-very-bright people who think they know the law! A guy whom I knew from prison – who is still sitting there but clearly is the best “jailhouse lawyer” among the 300 or so I encountered- contacted me and told me he had a hearing coming up on his Application for Commutation on the 22d. So, although I generally have NO time for letters, I wrote to him and told him EXACTLY what to do to increase his chance of getting released. He did not do it. When I called the Board this morning to ask what they had decided on his case, sure enough … Judy (the secretary at Del Board of Pardons) told me they had denied his application. So now he must wait 18 months before he can even file again. Like any good lawyer, I can only help people who follow my advice! This is a special process,unlike most work criminal lawyers do, and you need someone who knows what they are doing!
I won’t be writing him any more letters; he only wasted my precious time and he shot himself in the foot.
Moral of the story: if you have advice from a good attorney, with a track record of success with the issue at hand, whose clients tell you “yes, he sometimes works miracles” … don’t do things “your way”. Follow that lawyer’s advice!!
In some states you can get a commutation even with a sentence of “life w/out parole”, and such commutations have been granted.
Warning: If any lawyer tells you that he/she can guarantee success with a Pardon or Commutation or Clemency, run the other way! That fool is just trying to get your money. NOBODY can guarantee success with this process.
Caution: Inmates and their families often say “Oh, that won’t work”. That is largely because they seldom do when filed by the inmate. They are, understandably, clueless about the process!
You should know that you can put your criminal record behind you with a Pardon. And, in many instances, you can get a loved one out of prison early with a Commutation (called Clemency in some states). With a quick call to me I can tell you whether there is a reasonable chance! 302-423-4067
In some states (it varies from state to state) once the pardon is granted you must then file for your record(s) to be expunged. I’m familiar with all state requirements and the federal system. Note: in some states restoration of your rights accompanies a pardon, in other states it does not and you must file another petition. I can let you know which applies to you.
You should have a period of at least three or four years with NO arrests since your last conviction, or your release from prison. Some jurisdictions specify a certain amount of time, most do not.
This is to eradicate your criminal record. In a few states this happens automatically with a pardon, in most states it does not and you must take this additional step. You cant expunge a felony or misdemeanor; In some states you can expunge a misdemeanor without having to get a pardon first. Again, requirements vary from state to state, but I’m familiar with all of them. Once your application for a pardon is granted, your expungement is pretty well assured.
Commutation: Get your loved one out of prison early!
Some states call this Executive Clemency – it’s the same thing. It is a petition to get out of prison before the original sentence end date. They are not routinely granted, but it is the best and only hope for many inmates to get out early. With the increasing awareness of the injustice of many lengthy prison sentences (And awareness of other problems, such as wrongful convictions), there has never been a better time in history to try to get a commutation. There is an art to this and you should NOT file this yourself. Commutations (Clemency) are not routinely granted, but I have had great success with this! 🙂
Note: unless state law dictates otherwise, this process can eliminate even a mandatory minimum sentence or life sentences.
- You can do any of these yourself – I do not recommend this.* As a matter of fact I warn you: DON’T. You will just waste precious time before deciding you should get it done right and re file. You’ll have to wait 18 months to 3 years to re file. Laws vary by state.
- You can hire any attorney you like to do any of the above. They will charge much more than I do and will not do a better job. Nobody does a better job- ask my clients! If it will make you feel better, I’ll charge you twenty times my usual fee; one woman I spoke with was skeptical when I told her my fee – she said her lawyer wanted $130,000.00. If she hired him I bet her son will be in prison for a long long time. I called him pretending to be a potential client (because the fee he had quoted her blew me away!) and he was clueless!
- I can help you for a fraction of what most other good lawyers will charge you, and we can work out a payment plan if necessary. I realize that most people I deal with have little or no money, or they have already paid a fortune to some attorney who did not get the job done.
- There is no guarantee as to the outcome with any of these, inasmuch as it is up to the discretion of the Board, the Governor, the President, or the Judge (depending upon the filing ). If any lawyer tells you he/she guarantees success, run the other way! And report that greedy fool to the Bar!
- If you would like to call me – 302 – 423 – 4067 – after asking you a few questions I can let you know realistically what chances you have of gaining the relief you seek, and I can explain the entire process to you and answer any questions you might have. Have pen and paper ready, and plan on about 15 to 20 minutes.
- On this website, click on “Board Members” to see my credentials.
As I said, there has never been a better time in history to seek any of these remedies, than right now. You should be aware that none of them are routinely granted; if any attorney guarantees you that he/she will get what you want you should hold on to your wallet and run the other way!
*None of these applications is granted routinely. You must present a persuasive argument. I was a trial lawyer. I won more than 500 trials, most of them jury trials. We shall never know, but I would bet that I won most of those trials with the closing argument… putting together the entire case for the jury summing it up – and presenting them with a persuasive argument! I’m not bragging, but it is what I do well. Ask my former clients. And that experience probably is why I have been so successful with Commutations/Clemency … the key is to put together a persuasive argument, but here it is in writing. 🙂 . If you’re lucky you get a hearing, and I help you with that also.
Any questions, “who ya gonna call”? 302-423-4067.
You Should Know, if you are Hiring a Lawyer!
I think I know why I have been unusually successful with Applications for Commutations and for Clemency: it is my vast trial experience and summing it all up in “closing argument”. The Applications are the same sort of thing, but in writing.
My success is not the point of this message. THE POINT IS THAT THERE IS AN ART TO MANY ASPECTS OF THE PRACTICE OF LAW! There is an art to the Applications mentioned above; they have NOTHING to do with trial issues, who lied about whom, or appeal issues. They are about GETTING INMATES OUT, and it is a special process! In fact, I have seen others, including lawyers, mess it up by throwing in irrelevant issues – irrelevant to this special process! 🙁
There is an art to criminal defense work, there is an art to custody applications work, there is an art to civil rights lawsuits. YOU should find a lawyer who has a record of success in whatever field you are needing – in getting whatever result you seek!
If you have had a terrible experience with a lawyer, like so many who call me, READ [Report Bad Lawyers!] this and report that jackass! – DO IT!!
FEE AGREEMENT – FORM
Because they are a lot of work I must charge to help you with this. You will get quotes from other lawyers anywhere from 3 or 4 thousand dollars to $130,000 (yes, one fool lawyer quoted a wealthy – and desperate – Mom $130,000.00) ! In most cases I charge $2,400*. Because so many people who call me have little or no money, or have paid a fortune to a lawyer who did not get the job done, you can pay as you go; below is a sample fee agreement form I use. You don’t like it, just call me; we probably can work something out.
Here is the sample fee agreement:
1. As I mentioned, as soon as you hire me I shall send you a list of some information you will need to send me.
2. As I also explained, this procedure is no guarantee of his early release, but I believe he has a good chance** (unless the Rules bar him from applying – you are checking that. If you have difficulty with that call me and I shall check it out). The ultimate decision will be made by the Governor of xxxxxxxxx (your state – in Federal system, the President) in his/her discretion. All I can promise you is that I shall do my best.
3. Over the next several months you will pay me the total sum of $2,400 ($2,800 if claiming innocence or if someone died in the crime) to prepare his application, at the rate of $100.00 per month, payable on or about the first week of each month, after the initial payment of $300.00.
4. As soon as I receive the first payment of $300.00, or the full fee – , I shall begin and start to let you know what documents and information I shall need from you and from xxxxxxxxxx (inmate).
5. The completed forms, or all the information, will not be provided by me to you and nothing will be filed until I have been paid the full fee.
6. If you miss a payment to me without my written ok, I shall cease work on this, and will resume when payments resume. If you simply stop paying me you forfeit any money paid and I have no obligation to share with you any work product (work I have done) or any information I have received,
7. Of course, we shall talk regularly, and I shall keep you informed of what I am doing and how far along we are in the process.
8. In addition to the formal written application, I shall prepare some guidance (suggested “speech” or comments) for (inmate)’s personal plea if he gets a hearing, and for you if you decide to help him in that regard. I’ll give you tips also on what else to do.
Ok, (you), that’s it in plain English. Please read this over carefully and call me if you have any questions. Feel free to take it to a lawyer or have a lawyer review it if you want, or just call me with any proposed changes.
Remember, I am a phone call away, and there is no such thing as a stupid question; so any time you want to ask me anything, you call. That’s part of the deal.
When you send the first payment or a written note saying “Mr. Abraham, I have read and understand your email of (today’s date) 1/24/18”, we’ll consider this (or any agreement we make if you have some changes to this) a binding contract.
Thanks for asking me to help with (inmate)’s predicament.
You can mail donations to Ken Abraham, 430 Kings Highway, #414, Dover, DE 19901, and any donation is greatly needed and much appreciated. Any donation paid will be credited toward the fee if you hire me.
*It is a lot more work, and more complicated if (a) the person is claiming actual innocence – will explain, or (b) someone died during the crime, or (c) there are many charges. In those situations I charge $2,800 and need $500.00 to get started.
**Once we talk, with a few questions I can determine whether he/she has a reasonable chance. If no, I shall tell you that and you should not pay me (or anyone else!). If yes, I’ll let you know, and you can decide whether you want to hire me.
Ken at 302-423-4067