With criminal charges related to alleged bribery, obstruction of justice, and conspiracy levied against Senator Bob Menendez, D-N.J. and his trial due to begin in a matter of days, it’s safe to say the last few months have not been a smooth ride for the senator from New Jersey.
And, with the Department of Justice adding three superseding indictments since Menendez was first indicted in September 2023, it does not appear his problems will be resolved quietly or easily.
That has people asking: will Sen. Menendez serve time in federal prison? Whether he will or not, experienced professionals know it’s imperative for Menendez to prepare for the possibility.
Senator Menendez needs to prepare for the worst. Though I cannot comment on the particulars of his defense, failure to prepare for his potential incarceration could be catastrophic for the senator and his loved ones.
By all appearances, Senator Menendez disagrees, and does not appear open-minded about the possibility of time in federal prison. In a statement earlier this year, Menendez called charges against him “a flagrant abuse of power” and insisted he will prove his innocence “no matter how many charges they continue to pile on.”
It’s with this spirit the senator takes his case to trial – a high-stakes gamble. Though the right to a trial is enshrined in the United States Constitution, most cases play out differently due to a phenomenon known as the “trial penalty.”
The “trial penalty” is a term that refers to the difference between the lower sentence offered to a defendant in a plea bargain – prior to a criminal trial – versus the greater sentence a defendant could receive if they elect to go to trial. By negotiating and accepting a plea bargain, a criminal defendant waives their right to trial and agrees to plead guilty in exchange for a lesser penalty.
The threat of the trial penalty is clear: Pew Research reveals 89.5% of defendants accepted a plea agreement in 2022.
Further, Only 290 of the 71,954 defendants in federal criminal cases went to trial and were acquitted. That amounts to less than one-half of one percent, odds that are difficult to overcome for anybody even, contrary to popular belief, high-powered politicians.
Politicians both state and federal have a long history of scandal in the United States, from former congressman Anthony Weiner and Scooter Libby – Chief of Staff to former governors John Rowland (Connecticut) and Ray Blanton (Tennessee). Four of Illinois’ last eleven governors have spent time in prison.
In other words, time behind bars is well within the realm of possibility for Menendez, despite his high-powered position.
Mangel, as a prison consultant to white collar offenders, has seen this story play out before. Mangel was engaged by former White House official Peter Navarro who, like Menendez, took his case to trial, gambled, and lost. Navarro is now serving a four-month sentence at the minimum-security federal prison camp in Miami, Florida.
Individuals who have decided to take their case to trial sometimes struggle to do anything more than focus on the court proceedings in front of them, losing sight of the big picture.
In this specific case, acknowledgement of the possibility Sen. Menendez could serve time in prison may be of heightened importance given his wife, Nadine Menendez, is facing similar circumstances.
Nadine Menendez was charged with nearly all of the same crimes as her husband and though she will be tried separately, it seems this will complicate matters: in a mid-April filing, Senator Menendez claims he will be able to prove “the absence of any improper intent on Senator Menendez’s part,” and that his defense “may inculpate Nadine (Menendez) by demonstrating the ways in which she withheld information.”
A defense that puts the inner-workings of a marriage on full-display is, like going to trial itself, a high-risk endeavor.
As Mangel notes, “There are many things to prepare for, well beyond the basics of prison life. Some of the most important conversations to have when facing incarceration are those you’ll have with your loved ones and how you’ll navigate this period in time.”
With so much energy spent on the gamble that is their defense at trial, both husband and wife are robbing themselves of important time that can be spent understanding federal programming and Bureau of Prisons procedure which can help shorten any incarcerated individual’s time in prison.
These federal programs, which focus on substance abuse, education, and mental health, can be the difference between serving your full sentence and serving as little as one-third. And as federal studies show, these programs help reduce recidivism and make for healthier outcomes upon re-entry.
Mangel knows from first-hand experience: when he was sentenced to 60 months in federal prison, he quickly pivoted to developing a complete understanding of federal time credit programs so he could use them to his benefit. Despite the five year sentence, Mangel served less than two years in prison.
As Mangel shared, “The time that I was able to re-claim and spend with my family is beautiful. I can only wish the same for the Menendez family, but they need to begin preparation now.”
Editor’s note: CBJ is not responsible for the comments and analysis made in this article. For more information, go to CBJ’s Terms and Conditions.
Copyright © 2024 California Business Journal. All Rights Reserved.
