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Federal Probation, Supervised Release, Halfway House and Community Supervision This forum is dedicated to information & discussions relating to U.S. Federal Probation & Community Supervision, including half-way houses.

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  #1  
Old 09-23-2017, 10:00 AM
feds99 feds99 is offline
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Default Supervised release: Travel for work? Early termination? Alcohol?

I just got time served and 3 years supervised release. I have a few questions that would be extremely helpful.

1. How long until I can travel internationally for work?

2. My district is EDNY , does anyone have any idea how long their policy is for early termination of supervised release? Obviously if i meet all the criteria I plan on being finished with restitution.

3. I also received outpatient drug and alcohol program. i dont have an issue but In my psr i mentioned it to insure i got rdap in case i got time. (suggested guidelines was 4 plus years) and I'm assuming i cant drink a drop of liquor as they test for etg which is minimum 80 hrs from the last time you drank. I'm no alcoholic but i do like to have a few beers with friends. I have zero intention on violating any conditions so just curious.
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Old 09-23-2017, 03:09 PM
fbopnomore fbopnomore is offline
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Your actual supervised release restrictions depend on two things. What your sentencing judge wrote in the Judgment & commitment order as regular and special conditions of SR, which is available on pacer, plus any additional ones added by your actual PO. https://www.pacer.gov/

They should be case specific for you. Example, my only alcohol restriction was "don't drink to excess", with no further explanation. If you had a substance abuse problem in your presentence report, (regardless of if you took RDAP or not. If you did take the program, you will definitely have an alcohol prohibition) you will probably have a total alcohol ban, which will be tested by your PO along with drugs.

Since federal probation officers work for the court, not the department of justice, expect that all of your J&C restrictions will be in effect at the start, although the PO does have some discretion to adjust them over time.
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Old 09-26-2017, 06:53 AM
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Quote:
Originally Posted by fbopnomore View Post
Your actual supervised release restrictions depend on two things. What your sentencing judge wrote in the Judgment & commitment order as regular and special conditions of SR, which is available on pacer, plus any additional ones added by your actual PO. https://www.pacer.gov/

They should be case specific for you. Example, my only alcohol restriction was "don't drink to excess", with no further explanation. If you had a substance abuse problem in your presentence report, (regardless of if you took RDAP or not. If you did take the program, you will definitely have an alcohol prohibition) you will probably have a total alcohol ban, which will be tested by your PO along with drugs.

Since federal probation officers work for the court, not the department of justice, expect that all of your J&C restrictions will be in effect at the start, although the PO does have some discretion to adjust them over time.
I've seen differing opinions about pacer. I'm wondering if anyone can access the information on there. Seems like I saw something about it being illegal for "non LE or court officials" to try and access it. Is that right?
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Old 09-26-2017, 12:19 PM
fbopnomore fbopnomore is offline
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Not that I'm aware of. PACER is an acronym for "Public Access to Court Electronic Records" so unless their rules place limits on who can use the web page, (which I've never encountered) then go for it.

You might be thinking about California's prohibition against registered SOs being allowed to access their state's SO Registry site, which makes no sense to me anyway.
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Old 09-28-2017, 07:41 PM
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Your lawyer probably already has a copy of your J&C order. While it may be specific about alcohol restriction, I believe the PO or the treatment program can also add the restriction.

I have had sentencing clients get permission to travel internationally. My suggestion is to hold off several months to bring it up, so that the PO gets a chance to see how you handle Supervised Release. If Canada is one of the countries, you won't get in. I have a sense that EDNY is pretty tough. But that doesn't mean you will be denied. I think the best way to get permission is to use your supervisors at work to make the case for you. I think given the population of NY, you're not the only person this is an issue for. Scheduling may be an issue, from the length of time you will be gone, to making sure you meet your regular check-ins.

If you are not confident that your lawyer can help you with this, PM me and I'll give you the name of several lawyers and experts who know your region well and who can help you. It's better to do it right the first time and get a yes. I'm guessing you already know this.

Congrats on getting the best sentence.
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