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death Chrisley53, is preparing to serve 12 years in federal prison after being convicted of tax fraud, wire fraud and tax evasion while his Chrisley knows best reality star wife, Julia, 49, was sentenced to only 7 years in prison. After delivering their verdicts in a Georgia federal court on Nov. 13, attorneys for the proud parents of Lindsie33, kyle31, savannah25, chase26, Grayson16, and adopted daughter, chloe10, have said they intend to appeal.
Although their prison location and whether they will be able to serve combined sentences is still unknown, Todd and Julie are reportedly scheduled to begin their combined 19-year sentence on January 15, 2023. according to FoxNews5 in Atlanta, Georgia. So what happens when they appeal? Do they still have to go to jail or will they stay free until the appeals process is over? Why was Todd sentenced to 5 more years than his wife when they were both convicted of joint acts in their $30M tax fraud scheme? HollywoodLife spoke ONLY to a Los Angeles-based attorney Alfons provincial by Provinziano & Associates, who answered all of these questions and more.
Read on below to find out what he had to say.
HollywoodLife: Why did Todd and Julie get such harsh sentences?
Attorney Provincial: Federal judges typically issue their sentences based on the Federal Sentencing Guidelines, which primarily consider the severity of the criminal conduct and the criminal record of the accused. Under the sentencing guidelines, the Chrisleys could have faced even more time in prison if the judge sentenced them on the higher end of the guidelines.
HollywoodLife: Why was Julie sentenced to 7 years less than Todd?
Attorney Provincial: Various factors are taken into account when sentencing, including who the main offender was. It seems that Todd’s involvement in the couple’s financial activities must have been more profound than Julie’s. Not only was Todd’s sentence longer, but the recommendations of both the prosecution and the defendant’s attorneys would have given Todd a longer sentence had the judge accepted them.
HollywoodLife: What was the maximum sentence you could have received?
Attorney Provincial: In a sentencing note, prosecutors said Todd could serve more than 21 years in prison and Julie more than 12 years based on sentencing guidelines. Of course, the judge has some discretion in ordering a sentence that is either higher or lower (as she ultimately did) than the high end of the sentencing guidelines.
HollywoodLife: Did not taking responsibility affect your sentence?
Attorney Provincial: It would be typical for a judge to consider factors such as: B. Whether a defendant has shown accountability or remorse for his or her actions. If they didn’t do it then, yes, then that very well could have played a part.
HollywoodLife: Do they have to serve their full sentence? If not what is the minimum?
Attorney Provincial: They may not have to serve their entire sentence because federal law provides for a reduction in a prisoner’s sentence for good behavior. But based on current federal law and Bureau of Prisons regulations, they still have to serve at least about 85 percent of their sentences.
HollywoodLife: Can you describe what will happen if they appeal? What are the chances of this being overturned?
Attorney Provincial: Most appeals are unsuccessful, and there is a relatively high standard for winning an appeal in a criminal case. Appeals may include errors of law, jury misconduct and ineffective counsel. It appears that in this case the prosecution presented substantial evidence to support the criminal conviction, so I would say the likelihood of the decision being overturned is fairly slim.
HollywoodLife: Will they still have to go to jail the same day if they appeal?
Attorney Provincial: In some cases, a federal judge could allow a defendant to post bail and stay out of prison while his appeal is pending. Generally, the judge will consider whether the accused poses a threat or a risk of absconding and the likelihood that the appeal will be successful.
HollywoodLife: Do you think they’ll serve staggered sentences?
Attorney Provincial: A court can grant leniency in sentencing, and the judge in this case may have taken into account the fact that Todd and Julie have children to care for. In some cases, a judge allows co-defendants with children to serve staggered sentences, allowing one parent to continue caring for the children while the other serves their sentence.
HollywoodLife: What If They Don’t Get Staggered Penalties?
Attorney Provincial: If both parents have to serve their sentence at the same time, they have to find alternative custody arrangements for their children, e.g. B. Guardianship of a family member or close friend. If no arrangements are made for the children, the youth welfare system could be called in and the children could be placed with foster families. If the Chrisleys are forced to serve sentences at the same time, Savannah Chrisley can come in to take custody of her siblings.
HollywoodLife: What Kind Of Prison Are They Put In?
Attorney Provincial: Due to the non-violent nature of their crimes and their lack of a criminal record, Todd and Julie could very well end up in a minimum-security prison often referred to as “camp”. While serving a sentence in a minimum-security prison is far less stringent than a higher-security prison, it’s still a prison and not a walk in the park.
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