After Sentencing

Once sentenced, the individual will be sent to a United States Bureau of Prison’s facility. Don Bailey recommends that persons from South America go to the Miami Federal Correctional Institution, if available, because it has more Spanish speaking staff and inmates and is convenient if family can visit.

Regarding visitation, there is no promise that family will be allowed to get visas to visit persons who have been convicted. Don Bailey has seen several families who have been denied visas to the United States to visit. However, there are processes in which a visa request may be looked on more favorably. But that should be done before sentencing is conducted if possible.

Persons serving a prison sentence in the United States are entitled to time they served while awaiting extradition. There may also may be an argument to be made for any subsequent sentence that may be required to get a reduction on the United States sentence. Currently there is no agreement between Colombia and the United States for transfer of prisoners and thus the complete sentence must be done in the United States.

There are ways to get a sentence reduction but that needs to be planned before being sentenced or the chances are slight after sentencing. Currently, persons can expect to serve near 85% of the sentence they receive in the United States. However, there are additional reductions based upon the First Step Act of 2018 and changes to the sentencing guidelines in 2023 and 2024 which can possibly help. If you have further questions please contact Don Bailey, or his staff.