Plea Agreements and Sentences

In federal cases, the Bureau of Prisons generally awards up to 54 days of good conduct time per year of the sentence imposed, provided the inmate complies with institutional rules. Good time is calculated based on the length of the sentence imposed, not simply time served. Partial years do not receive a full good-time credit. Unlike many state systems, federal good time calculations may begin accruing once a defendant is in custody, including pre-sentence detention. Certain federal programs—such as the Residential Drug Abuse Program (RDAP)—may allow eligible inmates to earn up to six months of additional sentence reduction, subject to strict eligibility requirements.

For many nonviolent offenses, and some offenses where the judge has discretion, New Mexico law allows inmates to earn day-for-day good time. This means one day served can count as two days toward the sentence. For example, a three-year sentence may result in approximately eighteen months of actual time served. However, time spent in county jail before sentencing usually counts as straight credit only, not double credit.

"85% sentencing" means the inmate must serve at least 85% of the sentence before becoming eligible for release. Only 15% of the sentence may be reduced through good time. This applies to certain violent offenses and habitual offender enhancements. Good time can also be lost due to disciplinary violations while incarcerated.

A consecutive sentence means sentences are served one after another. If a person receives a five-year sentence followed by a four-year sentence, the total sentence is nine years (minus any applicable good time). Consecutive sentencing may be required by law in certain situations, such as offenses committed while already incarcerated, firearm enhancements, or habitual offender enhancements. In other cases, judges may impose consecutive sentences to increase punishment.

A concurrent sentence means multiple sentences are served at the same time. Using the same example, a five-year and four-year sentence served concurrently would result in a total of five years (minus any applicable good time). Concurrent sentencing is generally more favorable to defendants but is not always permitted by law.

Pros: avoids formal court proceedings; no criminal conviction if completed successfully; often eliminates the need for a trial. Cons: requires an admission of responsibility; waives trial rights; involves conditions similar to probation, such as restitution, counseling, treatment, or community service. PPDP can be beneficial in appropriate cases, but it is not risk-free and should be evaluated carefully.

Yes. While a lawyer is not always required to enter diversion, legal guidance can be critical in determining whether diversion is appropriate or whether better options exist.

Expungement in federal court is rare. Unlike many state systems, federal courts have limited authority to expunge records. Expungement may be possible in exceptional circumstances, such as cases involving government misconduct or constitutional violations. Courts are generally reluctant to grant expungement based solely on equitable or hardship arguments.

Yes. Time spent in custody before sentencing is typically credited toward the sentence. However, how that time is credited—straight time versus good time—depends on whether the case is state or federal and the specific sentence imposed.

Not necessarily. Plea offers can change as evidence is reviewed, motions are filed, or negotiations continue. Accepting a plea should be a deliberate decision made with full understanding of sentencing exposure and long-term consequences.