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Hi, I am trying to find if a defendant spouse sentence time be transferred to other codefendant spouse.Is there a provision/law

Portland, OR |

I am a white collar case defendant in a case where my spouse is a co-defendant but with a very minor role,but still has minor possibility to get sentenced.Is there a law/option where an attorney could have the spouse's prison term if assigned to the other spouse who is a defendant on the case.I am willing to sign or agree in front of judge etc ,if this takes that .Has this been done ever in the past and is it even possible.Please let me know if there is a way to achieve this goal

Attorney Answers 5

Posted

The other attorneys are right - there is no way for one person to serve another person's jail or prison time. That being said, this is something you should approach your attorney about confidentially. If your attorney feels it is something that is achievable, he might be able to "show your hand" a little more and thus be able to show that you are the principal, that your spouse had little or nothing to do with it and either eliminate your spouse's charges altogether or at least negotiate a sentence that does not involve incarceration. Sometimes, though, the prosecutor will not agree that the spouse's role is so minor and can insist on incarceration.

It is something you should talk to your lawyer about sooner rather than later because early acceptance may help you improve your sentencing position if that is what you are hoping for instead of a trial defense. Best of luck to you!

We are on the internet here, chatting on a major website. There is no attorney-client relationship formed through the asking and answering of general questions - I do not become your attorney unless we sign an agreement on representation after a consultation. It is not a substitute for legal advice in a classic setting, most everyone who asks questions on here should consult with a good attorney privately to get more specific and complete legal advice. These answers are educational and meant to give people one perspective on a direction out of their situation. Occasionally, people ask questions that involve the laws of States I am not licensed to practice in - it should be known that I am licensed in Oregon and the Federal District Court for Oregon - any answers to those questions is absolutely given as a layperson attempting to help another layperson along. For a consultation, contact my office at 541-245-9781.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

I completely agree.

Posted

If you are asking if you can serve the jail/prison time that your wife gets sentenced to the answer is no. Your lawyers could potentially work out a deal with the government that entails you doing all the jail, however, once she is sentenced you can not perform her sentence for her.

Best of luck,

Jeff Siefman
Siefman & Pond
www.bettercallalawyer.com

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Posted

No.

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Posted

It is possible to negotiate arrangements by which one spouse can accept punishment that would ordinarily go to the other spouse, especially when one is more culpable than the other. I have been a party to such an arrangement, on behalf of a client who felt that he was more guilty than his wife, and was willing to accept the blame. Of course, an arrangement like this requires both individuals to be represented by their own attorney, and it also requires the approval of prosecutor and judge.

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Posted

The judge has discretion in sentencing, but you cannot contract away her culpability in a side deal with the prosecutor or judge. You certainly can try to roll over on your spouse under a 5K1.1 substantial assistance agreement - reducing your time while increasing hers. The other way around is impossible. There is also role reduction and mitigation, claiming she held a smaller role than you did - decreasing her time. Talk to your attorney who has all the facts. Take Care!

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