AccessPlusAnswers.org is a nonprofit organization dedicated to assisting communities, families with incarcerated loved ones, and returning citizens with the necessary resources, information, and guidance to be productive and successful in their pursuit of justice and transition to freedom.

Among the programs we offer are (a) assistance with commutations/pardons; (b) Re-entry transitional housing,  (c) how to obtain court records and police/prosecutor files; and (d) The 10 most important Answers regarding how to help your loved one win his/her appeal.

Pardon/Commutation Program

AccessPlusAnswers, in conjunction with National Capital Crime Assistance Network, created the National Clemency Guidance Program to assist inmates and their families in applying for commutations/pardons.

Our purpose is to assist inmates in preparing Applications for Pardon/Commutations.  Our Goal is to provide support and an alternative remedy through the pardon/commutation process for inmates who have exhausted their judicial remedies. We will give first priority to: 

• Inmates who have strong claims of Innocence, whether by proof of egregious police and/or prosecutorial misconduct.
• Inmates who have strong self-defense claims or who were convicted of aiding and abetting but have proof that they had no direct involvement in the crime or its planning.

1. The Inmate would be responsible for completing and mailing APA and NCCAN the MDOC Application for Pardon or Commutation of Sentence form and providing all the relevant supporting materials.

2. The cost for the screening process is $250.00 to read, review, scan, and digitize.

3. Each application and any exhibits or supporting document cannot exceed 50 pages.

4. If the application passes the screening process, it will be accepted by APA and NCCAN for further investigation, research, and consideration for submission to those responsible for recommending approval of Applications for Pardon/Commutations to the Governor’s desk.

5. If the application passes the screening process NCCAN and APA will determine whether providing a private investigator or an attorney will substantially aid the applicant’s chances of success.

6. If the application is rejected after the screening process, notice will be promptly provided to the applicant. No materials will be returned.  The applicant is responsible for maintaining original copies of all records sent to NCCAN/APA.

7. To pass the screening process, the applicant must submit:

a. clear statement of facts explaining why s/he should be granted a commutation/pardon (see MDOC Application for Pardon/Commutation, paragraph 5, where it states, “Briefly explain why you should be granted a pardon or commutation”).

View here

b.  good institutional record (e.g., certificates of completion for Thinking For A Change, Chance For Life, Cage And Rage, Conflict Resolution, or College Courses)

c.  no serious misconduct reports in last five years (e.g., assaults, possession of dangerous contraband, possession of drugs, etc.).

d.  crime cannot involve depravity, harm to children, elderly, police or other aggravated circumstance.

e.  must have family or community support (i.e., housing, employment and post-prison plan)

Anyone may make a request. NCCAN/APA cannot guarantee results but will try to build a system of trust and confidence in our pardon/commutation process. We will do all we can in our combined efforts to put cases on the Governor’s desk that require a serious look.  We hope to bring justice and effectiveness to the pardon and commutation process, and hope you will join us.

What you need to know

THE CONSTITUTION PROVIDES THE GOVERNOR THE POWER TO GRANT PARDONS AND COMMUTATIONS

Michigan Constitution Art. 5, § 14, holds. the governor shall have power to grant reprieves, commutations and pardons after convictions for all offenses, except cases of impeachment, upon such conditions and limitations as s/he may direct, subject to procedures and regulations prescribed by law. Pursuant to MCL 791.244, there is an extensive clemency review process; but that process can be expedited for medical reasons. All applications for pardons, reprieves and commutations shall be filed with the parole board upon forms provided therefore by the parole board, and shall contain such information, records and documents as the parole board may by rule require. MCL 791.243.

What are the most important factors parole boards consider for applicants applying for release on parole?

Factors tending to show an inmate’s suitability include:

(1) lack of a juvenile record
(2) stable social history
(3) signs of remorse
(4) motivation for the crime
(5) lack of criminal history
(6) age
(7) plans for the future
(8) institutional behavior
(9) lack of dangerousness to community if released.

What are the three most important factors parole authorities consider before granting release on parole?

The law says that the U.S. Parole Commission may grant parole if (a) the inmate has substantially observed the rules of the institution; (b) release would not depreciate the seriousness of the offense or promote disrespect for the law; and (c) release would not jeopardize the public welfare.

What is the difference between a pardon and a commutation.  Both result in a reduction of punishment, but there is a distinction between the two. The difference between pardon and commutation is that a pardon relieves an individual of all guilt for the crime committed, while a commutation reduces the sentence without exonerating the person.

EXECUTIVE CLEMENCY PROCESS

Summary

A commutation is defined as the reduction of an individual’s sentence to a specified term such that the Michigan Parole  Board is given the jurisdiction and authority to determine an individual’s parole eligibility. A commutation does not nullify the underlying conviction(s). In contrast, a pardon erases a conviction from an individual’s record. The Michigan Supreme Court has held that the effect of a pardon by the Governor is such that it “releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.” People v. Van Heck, 252 Mich.App. 207, 216; 651 N.W.2d 174, 179 (2002). A pardon is an extraordinary form of relief for someone convicted of a crime and is extremely rare.

As noted in the Constitution, the Governor’s clemency authority is “subject to procedures and regulations prescribed by law.” These procedures and regulations are contained in Sections 43 and 44 of the Corrections Code of 1953, 1953 PA 232, MCL 791.243 and 791.244.  All applications for pardons and commutations must be filed with the Michigan Parole Board (“Board”) using forms provided by the Board and must include the information, records, and documents required by the Board. Application forms may be obtained online from the Michigan Department of Corrections website.

Section 44 of the Corrections Code sets forth a detailed framework that must be followed by the Board in considering all applications for pardons and commutations, including those initiated by the Board itself. For example, within 60 days of initiating or receiving such an application, the Board must conduct an initial review to determine whether the application for a pardon or commutation has merit.

The Board has the exclusive statutory duty to transmit its formal recommendation to the Governor as to the merit of an application.

A clemency review may be initiated by an Application for Pardon or Commutation of Sentence submitted by a prisoner or by someone on his or her behalf, or by an Application for Pardon after Parole or Discharge submitted by an individual who has completed his or her sentence.  Any clemency reviews other than by application must be initiated by the Board.  If denied, an application may be resubmitted two years after the date on which the Board received the previously denied application.  Unless there has been a substantial change in circumstances, an application resubmitted before that time will be returned without action.  The Board’s decision to initiate a commutation review is within the Board’s discretion and may include, but not be limited to, circumstances in which a prisoner has a deteriorating and/or terminal medical condition from which he or she is not likely to recover.

Final Disposition Process

The Governor and his or her legal staff will review the application materials and the recommendations of the Board to determine whether executive clemency is warranted. The Board will notify the applicant when a final determination is made.

Should the Governor grant a pardon request, the Governor’s Office will issue the appropriate pardon documents, file the pardon with the Secretary of State, and notify the Michigan State Police and the applicant. Should the Governor grant a commutation request, thus commuting the prisoner’s sentence to a term of years already served, the Board will assume jurisdiction over the case and vote on a parole. All action by the Board in a commutation case must be by majority vote of the 10-member Board. Should the Board by majority vote grant a parole on a commutation case, the parole term would be for a period of four years. Moreover, such a parole release will occur only after a required 28-day notice period, during which the Board will notify the sentencing or successor sentencing judge, prosecutor, and any registered victim(s). However, in the case of a terminally ill prisoner, the Board may seek the consent of the prosecutor, judge, and registered victim(s) to a waiver of both the 30-day notices (for comments/objections and notice of the public hearing) and this 28-day notice of parole release.

Sometimes we’re fractured by the choices we make; shattered by things we never would have chosen. But our brokenness is also the source of our common humanity.

-Bryan Stevenson, Just Mercy: A story of Justice and Redemption

 We understand that you cannot win in court without the necessary records or documents to prove your rights were violated.  Therefore, we offer our services to assist you in getting the records you need.

a). Police File Request – $250.00, plus processing fee.
b). Prosecutor File Request – $250, plus processing fee.
c). Court File Request – $250.00, plus processing fee.

Police departments, prosecutor offices, and courts charge a processing fee to search for, retrieve, review,
examine, and separate exempt material, if any, and then to download, and redact any private information (e, g. social security numbers, birthdates, names of minors, etc).  These fees sometimes range between $150.00 – $500.00.  The $250 request fee, and the processing are separate.  The $250 is payment to Access Plus Answers.  The police, prosecutor, or court processing fee is separate and must be paid by the client.  We will send you copies of all responses and keep you updated on any developments regarding your request.

If you have any questions or are seeking copies of your police, prosecutor or court files, please contact us below and state specifically what files you are seeking, and what efforts you have taken so far to obtain the requested documents. Help with funding may be requested from NCCAN on a case-by-case basis

Did you know that according to the IPNO (Innocence Project New Orleans) MISTAKEN IDENTITY is a leading factor in wrongful convictions, 56%

As of January 2020, the Innocence Project has documented over 375 DNA exonerations in the U.S.. Twenty one of these exonerees had previously been sentenced to death. The vast majority (97%) of these people were wrongfully convicted of committing sexual assault and/or murder.

Although these individuals were  innocent of these crimes, approximately 25% had confessed and 11% had pleaded guilty.

These exonerees spent an average of 14 years in prison-10% of whom spent 25 years or more in prison for crimes they didn’t commit..

The GIP, (Georgia Innocence Project) tells us that 1 in every 20 criminal cases is a wrongful conviction.

Could that be your friend or loved one?

Nothing is more valuable to men and women incarcerated as a result of a wrongful conviction than having an information center that provides solutions and answers to the questions that are key to their freedom. Therefore, we are providing Answers to the 10 most important questions you need to understand and navigate our justice system. Free!

Our program is dedicated to assisting inmates and our communities with obtaining answers regarding our legal system and the justice they deserve.

1. How to obtain appointment of an attorney?
2. What type of evidence does an inmate need to file a 6500 motion (motion for new trial)?
3. What is aiding & abetting?
4. How to prove your lawyer was ineffective.
5. How to prove prosecutorial misconduct.
6. How to prove innocence.
7. What is the difference between innocent and wrongfully convicted?
8. What is the difference between newly discovered and newly available evidence?
9. What is Brady evidence and how to use it to get a new trial?
10. How to find and retain a lawyer to appeal a conviction.

Select and send us the number of the question you need answered and we will respond as quickly as we can

Only one freedom question may be asked. We will Jpay, email and/or mail the freedom answers to your question.  This is a service like no other with answers from an expert.

*Remember that we are not a legal service. We do not provide legal advice. We assist inmates, their loved ones & the community by providing ANSWERS in their fight for JUSTICE!

What everyone should know about the Criminal Justice System

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Access Plus Answers.Org
P.O. Box 39897
Redford, MI 48239

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