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Todd Chrisley53 years old, is preparing to serve a 12-year federal prison sentence after being found guilty of tax fraud, electronic fraud and tax evasion, while Chrisley knows best reality star wife, Julie, 49 years old, was sentenced to just 7 years behind bars. Following sentencing in a federal court in Georgia on November 13, attorneys for proud parents of the Lindsie33, Kylethirty first, Meadow25, Chase26, Grayson16 and adopted daughter, chloe10, have stated that they intend to appeal.
While their prison location and whether they will be served staggered sentences is still unknown, it is reported that Todd and Julie will begin their lives together. 19 years in total on January 15, 2023, according to Fox News5 in Atlanta, Georgia. So what if they appeal? Do they still have to go to jail or will they be free until the appeals process is complete? Why was Todd sentenced to five years more than his wife if they were both found guilty of acting together in their $30 million tax fraud scheme? hollywood life spoke EXCLUSIVELY with an attorney based in Los Angeles Alphonsus conscious of Provinziano & Associates, who answered all these questions and more.
Read below to find out what he had to say.
HollywoodLife: Why are Todd and Julie so heavily sentenced?
Attorney Provinziano: Federal judges typically base their sentences on the Federal Sentencing Principles, which primarily consider the severity of the offense and the defendant’s criminal history. According to sentencing guidelines, the Chrisleys could face even more jail time if the judge chooses to sentence them to a higher level in the guidelines.
HollywoodLife: Why was Julie sentenced to 7 years less than Todd?
Attorney Provinziano: Sentencing takes into account many different factors, including who the main offender is. It seems that Todd’s involvement in the couple’s financial activities must be deeper than Julie’s. Not only was Todd’s sentence longer, but the recommendations of both the prosecution and the defendant’s attorneys would see Todd serve a longer sentence if they were approved by the judge.
HollywoodLife: What is the maximum sentence they can get?
Attorney Provinziano: In a sentencing memo, prosecutors said Todd could serve more than 21 years in prison and Julie could serve more than 12 years based on sentencing guidelines. Of course, the judge has some discretion in ordering a sentence higher or lower (as she ultimately did) than the higher level of sentencing guidelines.
HollywoodLife: Will their failure to take responsibility affect their sentence?
Attorney Provinziano: Typically, a judge will consider factors such as whether the defendant has demonstrated accountability or remorse for his or her actions. If they didn’t then, yes, that most likely worked.
HollywoodLife: Will they have to serve their full sentence? If not, what is the minimum?
Attorney Provinziano: They may not have to serve their entire sentence, as federal law allows for reduced sentences for prisoners for good behavior. But based on current federal law and Bureau of Prisons regulations, they will still have to serve a minimum of about 85% of their sentences.
HollywoodLife: Can you describe what happens if they appeal? What are the chances of this being overturned?
Attorney Provinziano: Most appeals are unsuccessful and there is a relatively high standard for winning an appeal in a criminal case. Some potential grounds for appeal include legal error, jury misconduct, and ineffective support by attorneys. It seems that the prosecution in this case presented substantial evidence to support the criminal conviction, so I would say that the chances of the decision being overturned are quite low.
HollywoodLife: Will they still go to jail the same day if they appeal?
Attorney Provinziano: In some cases, a federal judge may allow a defendant to be released on bail and out of prison while their appeal is pending. In general, the judge will look at whether the defendant is a danger or a risk of escape and how likely the appeal will be to succeed.
HollywoodLife: Do you think they will serve staggered sentences?
Attorney Provinziano: Courts are granted leniency in sentencing and the judge, in this case, may or may not have considered that Todd and Julie have children to take care of. In some cases, a judge will allow accomplices with children to serve alternating sentences, so that one parent can continue to care for the children while the other is serving a sentence.
HollywoodLife: What if they weren’t staggered?
Attorney Provinziano: If both parents are serving sentences at the same time, they will have to make alternative guardianship arrangements for their children, such as guardianship with a family member or close friend. If no arrangements are made for the children, the child welfare system may be involved and the children may be placed in foster care. If the Chrisleys are forced to serve the sentence at the same time, Savannah Chrisley can come to get custody of her siblings.
HollywoodLife: What kind of prison facility will they be placed in?
Attorney Provinziano: Due to the non-violent nature of the crime and the fact that they have no criminal record, Todd and Julie will most likely end up in a minimum-security prison, commonly referred to as a “camp”. Although serving a sentence in a minimum-security prison is much less harsh than in a higher-security prison, it is still a prison and does not have a promenade in the park.
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