The Department of Justice Issues Memorandum on Charging, Plea Resolutions, and Sentencing Recommendation Policies

At Marcilliat & Mills, PLLC, our experienced Raleigh criminal defense attorneys recently reviewed a memorandum issued by Attorney General Merrick Garland with important revisions to the Department of Justice (DOJ) policies on federal crimes charges, pleas, and sentencings.

The revisions, which will apply to future criminal prosecutions, and in some circumstances pending criminal cases in North Carolina and throughout the U.S., are important to those who are being investigated for or have been charged with a federal offense.

Significant Changes to the Federal Charges, Pleas, and Sentencing Recommendations

The memorandum, which took effect on January 15, 2023, lists some new policy components, and other directives consistent with policies already in effect.

The highlights of the memo include:

• Prohibiting the use of charges to exert leverage to induce a plea.
• Reinforcing federal offenses should be charged only if it serves a “substantial federal interest.” This means prosecutors should consider whether the availability of prosecution by state or local governments and non-prosecutorial alternatives would be in the state’s best interest.
• Requiring the development of policies and procedures within U.S. Attorney’s Offices to ensure the consistent and reasonable exercise of discretion.
• Emphasizing that prosecutors must select only those charges that are proportional to the seriousness of the offense, particularly in the context of charges carrying mandatory-minimum sentences.

How Do the New Policies Impact North Carolina Residents?

The memo reflects the DOJ’s efforts to scale back on charging federal offenses that carry mandatory prison sentences.

This means enhancing prosecutor discretion to create federal charges and a sentencing recommendation tailored to the individual case, and to increase oversight over the exercise of that discretion.

It also provides the opportunity to explore alternatives to federal prosecution, with the biggest impact being felt in federal narcotics cases to reflect the Eliminating a Quantifiably Unjust Application of the Law Act (EQUAL), designed to eliminate the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine, not white-collar cases.

The memo reinforces the established policy mandating that all charges and plea agreements be reviewed and approved by a supervisor and adds a heightened supervision requirement for charges and plea agreements containing mandatory minimum offenses.

Have You Been Charged with a Federal Crime in North Carolina?

If you have been charged with a federal crime in North Carolina, depending on the charges, you may be eligible to have your case reviewed by a local court instead. Contact our Wake County federal criminal defense attorneys at Marcilliat & Mills, PLLC today by calling (919) 838-6643 or online to schedule an initial consultation to learn how we can help with your case.

Our dedicated criminal defense team produces real results, for real people who need our help.