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Federal Probation, 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 11-26-2018, 09:05 PM
Lhurst Lhurst is offline
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Default Anyone asked sentencing judge to overrule denial of relocation request?

Hi there,

My loved one's relocation request to release to chicago and not Alabama was just denied by PO office here because even though I secured an apartment, (was on lease and paying rent), where there are no background checks, PO decided at last second she needs to speak to owner of building and get their OK someone with my loved one's charge would be living there. Which wouldn't have worked. And she previously stated to me she wouldn't need to do. Ah how I love this backwards system...NOT.

SO: as I search for a new apartment that does fit this requirement I am thinking...could a sentencing judge help with this? My loved one has absolutely no support in Alabama and would be homeless. I can pay their rent here in Chicago and cosign leases and just be a hige support for years to come. Has anyone actually approached a sentencing judge to try to overrule a PO office's denial of a relocation request? How did it go?

Thank you!!!
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Old 11-26-2018, 10:07 PM
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Originally Posted by Lhurst View Post
Hi there,

My loved one's relocation request to release to chicago and not Alabama was just denied by PO office here because even though I secured an apartment, (was on lease and paying rent), where there are no background checks, PO decided at last second she needs to speak to owner of building and get their OK someone with my loved one's charge would be living there. Which wouldn't have worked. And she previously stated to me she wouldn't need to do. Ah how I love this backwards system...NOT.

SO: as I search for a new apartment that does fit this requirement I am thinking...could a sentencing judge help with this? My loved one has absolutely no support in Alabama and would be homeless. I can pay their rent here in Chicago and cosign leases and just be a hige support for years to come. Has anyone actually approached a sentencing judge to try to overrule a PO office's denial of a relocation request? How did it go?

Thank you!!!
Sounds like you'd be better off hiring an attorney to deal with post release issues and one who can deal with and contact the PO to help with this as well than to try to find out if a sentencing judge would deal with it.

There are no "sentencing judges" anyway. The Federal Judge in charge of his case would be the sentencing judge. The BOP is in charge of his placement and assigns the PO. The judge really has nothing to do with it. It sounds like the PO is telling you what needs to be done. It sounds like she wants to verify where he is living. If you owned a property, that sounds like the other issues would be non issues, so if you can afford that, that sounds like the way to go.
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Old 11-26-2018, 10:39 PM
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US Probation Officers are part of the Court system, not the department of justice, so unlike the bop which is under the DOJ, they do follow orders from federal judges. If US Probation approves a change of release location, the bop will send the prisoner to the new location for HWH and/or release at the end of the sentence, but has no input into the USPO decision.

I agree about asking a lawyer how best to proceed. Upsetting the Chicago PO is best to be avoided if at all possible. The judge who sentenced him does retain control of his case, even during Supervised Release, unless that is changed to a different judge by a motion filed in the new release location's court.
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Old 11-26-2018, 11:19 PM
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Ugh wow I was so wrong, thank you both for your replies. And yes, I do just have to follow what PO says, and not make them mad. BUT, I still want to look into getting a lawyer. Any advice on how to find a lawyer that deals with post sentencing issues for someone in federal system? I have tried googling it and keep just coming up with private defense attorneys. My boyfriend who is a 3rd year in law school hasn't heard of such an attorney either, but clearly they exist!
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Old 11-26-2018, 11:33 PM
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Originally Posted by rockchalk1 View Post
Sounds like you'd be better off hiring an attorney to deal with post release issues and one who can deal with and contact the PO to help with this as well than to try to find out if a sentencing judge would deal with it.

There are no "sentencing judges" anyway. The Federal Judge in charge of his case would be the sentencing judge. The BOP is in charge of his placement and assigns the PO. The judge really has nothing to do with it. It sounds like the PO is telling you what needs to be done. It sounds like she wants to verify where he is living. If you owned a property, that sounds like the other issues would be non issues, so if you can afford that, that sounds like the way to go.
Yes, I agree about the owning property path. Sadly my loved one is on the sex offender registry where there are residency restrictions that are always changing, and that combined with me not having the finances to confidently pull off owning property has stopped me thus far. Although hey, I may look into property in suburban areas where it is cheaper and less likely to have a daycare spring up within 500 ft. I remember you are in the Chicago area, so any advice you have about this, honestly I am all ears lol! I hope your situation with your husband is going OK. Feel free to private message me!
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Old 11-27-2018, 12:01 AM
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Ugh wow I was so wrong, thank you both for your replies. And yes, I do just have to follow what PO says, and not make them mad. BUT, I still want to look into getting a lawyer. Any advice on how to find a lawyer that deals with post sentencing issues for someone in federal system? I have tried googling it and keep just coming up with private defense attorneys. My boyfriend who is a 3rd year in law school hasn't heard of such an attorney either, but clearly they exist!
Many criminal lawyers can deal with post sentencing issues, but your best bet might just be to call around to a few of them to see what their experience is with this particular type. We are using one, but his specialty is white collar issues. When I next speak to him, I can ask him if he deals in this kind of thing or knows someone that does. I don't know what you want to spend though so that may be another issue.

You can also check online where SO live around here and possibly see if you can get a lease for him in those same apartments/locations. But yeah, in the burbs there are a lot of schools on top of one another. Our suburb of 17k has 4 elementary, 2 middle and 1 high school, and that's not even counting private schools or preschools.
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Old 11-27-2018, 12:07 AM
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Many criminal lawyers can deal with post sentencing issues, but your best bet might just be to call around to a few of them to see what their experience is with this particular type. We are using one, but his specialty is white collar issues. When I next speak to him, I can ask him if he deals in this kind of thing or knows someone that does. I don't know what you want to spend though so that may be another issue.

You can also check online where SO live around here and possibly see if you can get a lease for him in those same apartments/locations. But yeah, in the burbs there are a lot of schools on top of one another. Our suburb of 17k has 4 elementary, 2 middle and 1 high school, and that's not even counting private schools or preschools.
Ugh schools!! Lol usually I like them, but not right now. Again, all this was very helpful, thank you. Yes honestly if you could ask your attorney if he knows attorneys who specifically deal with transfer of supervised release for federal offenders, and talking nicely to PO office lol. My loved one says there are threats to her safety in alabama where she is set to be released from an ex and their family down there, and I would pay a good attorney to help me make these credible to a PO office. Nicely. Lol. Thanks for your help.
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Old 11-27-2018, 06:30 AM
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If her "home plan" was denied doesn't necessarily mean that her transfer was. Probation is assessing her support system there versus here when deciding to approve a change of release location, or not. Actual housing is often the last thing, and many times it isn't finalized until they are actually there.

Yes the PO will have to approve where she lives, and with whom, but the most important thing is having the change of location approved while she is still in prison. Her unit team either already knows, or can find out the actual status of the request, so she can submit a new "home plan" that addresses the PO's issues.
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Old 11-27-2018, 01:40 PM
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Originally Posted by Lhurst View Post
Ugh schools!! Lol usually I like them, but not right now. Again, all this was very helpful, thank you. Yes honestly if you could ask your attorney if he knows attorneys who specifically deal with transfer of supervised release for federal offenders, and talking nicely to PO office lol. My loved one says there are threats to her safety in alabama where she is set to be released from an ex and their family down there, and I would pay a good attorney to help me make these credible to a PO office. Nicely. Lol. Thanks for your help.
Have you tried contacting the PO directly yourself to voice some of these concerns? That may help her too.
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Old 12-06-2018, 06:53 PM
Lhurst Lhurst is offline
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If her "home plan" was denied doesn't necessarily mean that her transfer was. Probation is assessing her support system there versus here when deciding to approve a change of release location, or not. Actual housing is often the last thing, and many times it isn't finalized until they are actually there.

Yes the PO will have to approve where she lives, and with whom, but the most important thing is having the change of location approved while she is still in prison. Her unit team either already knows, or can find out the actual status of the request, so she can submit a new "home plan" that addresses the PO's issues.
Sorry I never got a notification of this post but this is super helpful. PO office is telling me I need an address to get this request aporoved. I think my long term goal if I cannot find am address that works in the next couple months (they haven't given me much time!) Is to nicely argue them in this lol. If you have any suggestions for how to search for post conviction attorneys that may be able to assist (play nice! But still assist), let me know! Since I don't always get notified when I get messages here, if you are,comfortable, feel free to email me as well: email removed per PTO policy, use private message . or if you think getting attorney is bad idea. I just want someone else to talk to them besides me, not in an aggressive way at all, but I feel I need help! And they may listen more to a lawyer. But I don't know.

Last edited by fbopnomore; 12-07-2018 at 05:05 AM..
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Old 12-07-2018, 05:10 AM
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I'm not from your area. If you find a place to live, and submit it to the PO (or have him do it through his bop case manager), that should be all it takes to get it approved.
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