How to Get Less Time in Federal Court

How to Get Less Time in Federal Court

You’re facing federal prison time. Maybe you’ve been charged but not sentenced yet, or maybe you’ve already been sentenced and are trying to figure out when you’ll actually get out. Either way, your most urgent question is this: Is there anything you can do to reduce the amount of time you’ll spend behind bars?

The answer is yes – but timing matters enormously, and your best opportunities close faster than most defendants realize. What you’re about to read isn’t theoretical – it’s based on decades of actual federal sentencing outcomes, including cases others said were unwinnable.

Before Sentencing – Your Window Is Closing

If you’ve been charged but not yet sentenced, you’re standing at the moment of maximum leverage you will ever have in your case. The decisions you make right now can mean the difference between 10 years and 3 years in federal prison, but only if you act before the sentencing hearing. Once the judge pronounces sentence, nearly every option on this list disappears.

Your sentence gets calculated through offense levels and criminal history points, but three major reduction paths can dramatically lower your guideline range before the judge ever does the math. Start with acceptance of responsibility. Plead guilty early, show genuine remorse, and you get a 2-3 point offense level reduction. This isn’t about just saying you’re sorry – you must plead guilty, truthfully admit the wrongful nature of your offense, and not minimize your conduct. For many defendants, this translates to years off the sentence. Go to trial and lose? You forfeit this reduction entirely. The system makes you give up your Sixth Amendment trial right to earn these points, and you’re making that decision when you have the least information about whether the government’s case would collapse at trial. Then there’s cooperation. Provide substantial assistance to prosecutors – testifying against co-defendants, providing information that leads to other prosecutions – and the government can file a motion asking the judge to sentence you below the sentencing guidelines. This is the only mechanism that allows judges to go below mandatory minimum sentences in many drug cases. I’ve seen cooperation reduce mandatory minimums from ten years to three or less, but timing is everything. The value of your cooperation decreases dramatically after other defendants plead or go to trial. Wait until after sentencing to decide you want to cooperate? Prosecutors have far less incentive to help you. For low-level drug offenders with minimal criminal history, the safety valve provision lets judges sentence you below mandatory minimums even without cooperation. You must meet five criteria: minimal criminal history, no violence or weapon use, no leadership role, complete truthfulness with the government, and no death or serious injury from the offense. It’s narrow – the government decides if you’ve been truthful enough, and they’re not generous with that determination. But for those who qualify, it’s the difference between a mandatory minimum and a guidelines sentence that might be years shorter.

There Is No Parole

The federal parole system was abolished in 1987, and it’s not coming back.

When people hear about “good behavior” getting you out early, they’re thinking of state prison systems where half-time served is common. Federal prison doesn’t work that way, and that misconception has gotten defendants into serious trouble – they plead to a ten-year sentence thinking they’ll serve five, then discover the reality is closer to nine years minimum. You will serve approximately 85% of your sentence, assuming you maintain good conduct throughout your incarceration. The math works through “good time credits” – you earn up to 54 days off for every year served if you avoid disciplinary infractions. A ten-year sentence means roughly eight and a half years in custody under the best circumstances.

The First Step Act of 2018 added a second layer of time credits, but it’s not automatic and requires active participation. Enroll in approved recidivism reduction programs – educational courses, vocational training – and you can earn additional days of credit for successful participation. The catch? The Bureau of Prisons has faced massive delays in calculating and applying these earned time credits. Some inmates are past their earned release dates because BOP hasn’t finished the paperwork. Enroll in programs immediately when you’re designated to a facility, track your participation, document everything – you may need to push BOP to apply credits you’ve legitimately earned.

Compassionate Release

Before the First Step Act, only the Bureau of Prisons could initiate compassionate release, and they almost never did. Now defendants can file directly in court, and judges are granting these motions at rates unthinkable a decade ago. What qualifies? Terminal illness and extraordinary age combined with serious medical deterioration. Family circumstances where you’re the only caregiver for a minor child. The standard is “extraordinary and compelling reasons” – vague enough that courts have interpreted it to include situations Congress never explicitly listed. The process: file a request with the BOP warden. The warden will almost certainly deny it (they deny the vast majority). Wait 30 days, then file a motion directly in district court, with medical records and family documentation. The judge considers whether you’ve served a sufficient portion of your sentence, whether you pose a danger to the community, and whether the circumstances truly warrant compassionate release. I’ve seen judges grant release to defendants with terminal cancer after serving a third of their sentences, and I’ve also seen denials for defendants who seemed sympathetic. It’s unpredictable, highly fact-specific, and genuinely a last resort – but when circumstances demand it, it’s a real option that didn’t exist before 2018.

What If the Law Changes?

Sometimes the sentencing guidelines change after you’ve been sentenced, and sometimes – not always, but sometimes – those changes are made retroactive. When that happens, you have a legal right to file for a sentence reduction. You didn’t do anything differently; the law moved, and you get to benefit.

Recent amendments created a sentencing reduction for “zero-point offenders” – defendants with no prior criminal history points, no violence, no weapon use. Thousands of federal prisoners became eligible for lower sentences. Not all of them filed motions, and not all who filed received reductions, but many saw their sentences cut by months or years. This is completely outside your control. You can’t predict when the Sentencing Commission will pass new amendments or which ones will be made retroactive. What you can control is acting when amendments are announced. The process takes months – your attorney files a motion, the court schedules a hearing, the judge recalculates your sentence under the new guidelines. It’s not automatic. You must affirmatively seek the reduction or you’ll continue serving the old sentence even though you’re legally entitled to a lower one.

New amendments continue to take effect that expand judges’ discretion to impose sentences below guideline ranges. Whether these will be made retroactive remains uncertain, but it demonstrates how sentencing law continues to evolve.

The System’s Design Flaw

Five decades of federal criminal defense has taught me this: the system makes your best chances for reduced time available precisely when you have the least information about what sentence you’re facing.

You must decide whether to cooperate before you know what cooperation is worth, must accept responsibility before you know whether the government’s case would collapse at trial. You give up your constitutional trial right to earn a reduction, but you don’t know whether that reduction translates to six months or six years in your specific case. Once you’re sentenced, the judge’s power largely ends. What remains is executive branch control – prosecutors decide whether to file cooperation motions, BOP decides program availability and calculates credits, and amendments depend on the Sentencing Commission’s unpredictable schedule.

At Spodek Law Group, we’ve represented clients at every stage of this process – from pre-indictment negotiations through post-conviction relief. Thanks for visiting Spodek Law Group, a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases. Todd Spodek defended clients in situations where the media had already rendered its verdict, cases others called unwinnable. When the stakes are this high and the windows this narrow, you need someone who understands not just the law, but the strategic decision points where your case will be won or lost. We’re available 24/7 at 212-300-5196.