How to Delay a Prison Term
- 1). File an appeal. Defendants who believe they were wrongfully convicted can appeal the decision, which will be scrutinized by a higher court for errors of law. The judges of the appellate court will review the court record to see whether the defendant's due process was violated during the criminal trial. Most defendants awaiting appeal must serve their term as the appeal is processed; however, in some cases, the judge may grant conditional release pending the results of the appeal.
- 2). Petition the courts for "compassionate release" based on a chronic medical problem. If the defendant suffers from a serious medical ailment and is at risk of dying, the judge may stay the incarceration on humanitarian grounds. In some cases, the judge may also delay prison if the defendant is undergoing medical treatment or scheduled to undergo surgery with which incarceration would interfere.
- 3). Petition the governor or president for clemency. Although this process is normally used by already incarcerated inmates, a convict can petition the executive of the state or nation for a pardon or commutation of the sentence. Although unlikely, such a petition can be used to delay or even eliminate a sentence.
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