Judges can use the 3553a factors to give a jail term that is above or below the suggested guideline range. These are called upward or downward variances. Normally this means that if you are arguing for a major downward variance, then you need a really great reason. For example, you served in the military, were awarded medals for valor, or you helped save your fellow service members from harm. Or you lived an extraordinary life that helped mankind. There are too many reasons to list because every person's circumstances are unique. The point is that if you want to "potentially reduce years" off of your guideline range, then you need to have a really good reason or reasons. You can also use the guideline policy statements to ask for a jail term lower than your guideline range. These are called departures. Below is a link that describes what variances and departures are, how they work, and what you should know about them. The article may get a bit technical, but it also will give you a solid overview of the issues. www.ussc.gov/sites/default/files/pdf/training/primers/2023_Primer_Departure_Variance.pdf
thank you for that@@cortezdefense one last questions, in what instances might a defense attorney arrange for the defendant to go through a psych eval with a forensic psychologist, if you're able to say.
I am not able to answer that question. It's too vague and the conversation would likely cover personal or sensitive areas. I recommend you speak with your attorney about that to figure out the issues or problems you want to address. From there, they can develop a game plan on how to proceed. Good luck.
I appreciate your video , you are easy to listen to and very knowledgeable.
Thanks for the feedback. Hope the video answered your questions.
Do you mean pre trail officer not the probation officer
Do successful 3553a factors potentially reduce years? Or levels/points on the guidelines?
Judges can use the 3553a factors to give a jail term that is above or below the suggested guideline range. These are called upward or downward variances. Normally this means that if you are arguing for a major downward variance, then you need a really great reason.
For example, you served in the military, were awarded medals for valor, or you helped save your fellow service members from harm. Or you lived an extraordinary life that helped mankind.
There are too many reasons to list because every person's circumstances are unique. The point is that if you want to "potentially reduce years" off of your guideline range, then you need to have a really good reason or reasons.
You can also use the guideline policy statements to ask for a jail term lower than your guideline range. These are called departures. Below is a link that describes what variances and departures are, how they work, and what you should know about them. The article may get a bit technical, but it also will give you a solid overview of the issues.
www.ussc.gov/sites/default/files/pdf/training/primers/2023_Primer_Departure_Variance.pdf
thank you for that@@cortezdefense one last questions, in what instances might a defense attorney arrange for the defendant to go through a psych eval with a forensic psychologist, if you're able to say.
I am not able to answer that question. It's too vague and the conversation would likely cover personal or sensitive areas. I recommend you speak with your attorney about that to figure out the issues or problems you want to address. From there, they can develop a game plan on how to proceed. Good luck.