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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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  #26  
Old 05-31-2007, 01:17 PM
SCMom SCMom is offline
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Default to bellisq and esp FEDERAL PO

Quote:
Originally Posted by bellisq
From the gov's vantage, your son had ever reason to behave on pre-trial because he would be stuck in jail if he didn't. That is why pre-trial doesn't count toward anything, he was free to work, socialize etc. If there was a reason why your son was out for so long, such as helping the government, his reward might have been in the sentence. One of the purposes of SR will be to make sure that "rehabilitation" as taken place, another is for public safety. With drug issues present, re-offending is an issue that concerns the gov. No one is going to be looking for a letter of support from you to be removed from SR. He is going to have to put in at least a year to 18 months, establish a good rapport with his PO, obeying all the rules, not complaining or asking for favors, before he thinks about trying to get released from SR. I am assuming your son broke the law, and supervised release is part of the process for dealing with the consequences for his actions. Having a good attitude about the process will go a long way in making it easier for him and that probably includes your attitude also. Unless he has the misfortune of getting a difficult PO, as long as he follows the rules, he won't have any problems.
Evidently you didn't read my post about being on pretrial so long. It wasn't to help that much....they forgot about him. Being on pretrial so long should count for something, I don't care what the rules are (and I know I can't change them, its just my opinion). The government made a mistake, not my son. And his sentence of 18 months wasn't good either, it should have been lower, even the AUSA was fighting for a lower sentence. He is completely and absolutely rehabilitated so there is no way he would reoffend after this amount of time...wouldn't you say? From Nov. 2002 until now? There is no saftey factor involved at all. Yes, he got 4 years probation and I know he has to serve at least 1 year. All the PO has to do is talk with his pretrial officer...she can tell him how well adjusted he was and never gave her any problems whatsover.

I really NEED Federal PO's advice on this...just to see what he thinks.
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  #27  
Old 06-01-2007, 06:47 AM
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Quote:
Originally Posted by SCMom
Evidently you didn't read my post about being on pretrial so long. It wasn't to help that much....they forgot about him. Being on pretrial so long should count for something, I don't care what the rules are (and I know I can't change them, its just my opinion). The government made a mistake, not my son. And his sentence of 18 months wasn't good either, it should have been lower, even the AUSA was fighting for a lower sentence. He is completely and absolutely rehabilitated so there is no way he would reoffend after this amount of time...wouldn't you say? From Nov. 2002 until now? There is no saftey factor involved at all. Yes, he got 4 years probation and I know he has to serve at least 1 year. All the PO has to do is talk with his pretrial officer...she can tell him how well adjusted he was and never gave her any problems whatsover.

I really NEED Federal PO's advice on this...just to see what he thinks.

Frankly, while it's great that he did well on pretrial for so long, it doesn't mean a whole lot for post conviction supervision. They are two different animals. It was in his best interest to continue to stay on pretrial bond. He stayed out of prison for 4 years, and probably got the opportunity to help himself by 5K (that's the only reason I can think of to keep someone on bond for 4 years).

Your statement that he has 4 years of supervision means that he was convicted of at least a class B felony. The most common one of those is 21 USC 841(b)(1)(B), which has a 5 year mandatory minimum, and up to life supervised release. If he got 18 months and 4 years, he got a very good sentence. Again, further evidence that he was probably trying to help himself on pretrial release. Nothing wrong with that, but it does show that he had everything to gain and nothing to lose by being out for so long.

Quite frankly, it is entirely inapropriate at this point to even begin to talk about early termination. He has not released from the halfway house, and has not even begun his term of supervised release. By law, the Judge won't even consider it for at least a year, and as a matter of practicality, most Judges want somewhere between 1/3 and 1/2 of the term completed. Many Judges take the opinion of "Well, it's good that you're staying out of trouble, that's what you are supposed to do." I don't advicate that position, but several Judges ask why someone wshould be given a sentence reduction simply for complying with what they were ordered to do when the sentence was imposed.

One of the most disconcerting things you wrote was the part about "the government made a mistake, not my son." I wouldn't be touting this as a reason for early termination of supervision.

The bottom line is, let the supervision begin, let it start to run its course and see how things are going. This is your son's supervision, not yours. He is the one getting back into the flow of things after release, and he is the one whos behavior the Court wants to monitor.
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  #28  
Old 06-01-2007, 07:05 AM
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FederaL PO.........thanks veru much for your input and expertise.
But my problem with the AUSA after many calls to get it all over with should not have happened. That is why I blame them so much!. That and doing his work for him, of which he almost read word for word of what I had sent to him.
Again thanks......goes on probation 7-3-07, so then we will have at least 1 yearrr!
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  #29  
Old 07-22-2007, 03:12 PM
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Can anyone tell me what the guidelines are for the South Carolina area? Or guide me to where I could find out?
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  #30  
Old 07-23-2007, 06:00 AM
bellisq bellisq is offline
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If you read the first post in the thread, those are the guidelines nationally. Your relationship with your individual PO will be your benchmark, but even if you don't get support from PO, you can petitition the judge for release after 1 year. I think it also strengthens the situation if you do some volunteer work, but it not required.
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  #31  
Old 07-26-2007, 08:25 AM
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It also depends on the district. In my district, the judges policy is that you MUST complete 2/3 of your supervision.
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  #32  
Old 09-08-2007, 12:11 PM
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How do I find out the disrticts rules. I am inthe Southern Florida Distrct. Anyone know the rules for this area? I have just a year left and would like to petition the court for early release. I have met all of the guidlines posted by FED EX, so after I find out the rules for my district I am going to see how the PO feels about it. If I am granted early release can I ask for my passport back?
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  #33  
Old 09-08-2007, 03:49 PM
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Quote:
Originally Posted by outraged
He is considered a sex offender because he is a sex offender. I did 3 years for the same thing. Whether people want to admit it or not CP is NOT a victimless crime, even though he only viewed it. Every time someone views CP it revictimizes a child and worse yet it creates a maket for CP. Somewhere where someone will profit from it and that can mean only one thing. There will be another child abused to satisfy the market being created by all of those that are just looking. The sooner he realizes it the better off he will be. As far as the computer goes, Fed PO is absolutely right. There is no way on gods green earth they are going to let him live in a home with a computer. I also did 3 yrs of SR and it's not easy but it is doable. He really needs to take the time and come to terms with what he is facing and learn all he can from it. I am quite sure he will be required to take a sex offenders counseling course as well and again if he goes into it with the right attitude he will learn alot about himself as well as your relationship together.
Well said.
Hat's off to you and your clear thinking.
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  #34  
Old 11-07-2007, 01:33 PM
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Take a look at this people...

http://www.uscourts.gov/newsroom/costs.htm
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  #35  
Old 11-10-2007, 11:05 AM
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Thank's so much for posting this information. I am going to ask for early release and this is very helpful in making my preparation. Even though my neighbor and ex-boss who is an attorney is going to present this to the sentencing Judge I want to have everything that is needed ready.
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  #36  
Old 11-12-2007, 01:51 PM
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Default early release

Does anyone know how long it takes to get a answer from my judge about early termination , its been about 3 weeks, My judge is in the southern district of ny, I asked my po and she did not know any help would be nice, I am a low risk person and my po as agreed with me , I filed myself so I am just wondering how long it takes and how I will get my answer by mail? by a phone call?
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  #37  
Old 11-13-2007, 05:46 PM
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Hello maybe someone can help me, I called the clerk of the court who works for the judge that I sent my paperwoek for early release , she told me that my file is being revised not reviewed and asked me for a number where i can be reached,i filed without any help from a lwayer but did follow advice from people that worked for lawyers, does being revised mean i might be getting of supervised realease?
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  #38  
Old 12-18-2007, 01:52 PM
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Sorry I originally posted this in the wrong place under "offenders" and really want Federal input.
I received three years probation which started in November 2006. I am low level probation supervision, because I have not seen my PO since July 2007! Completed fines, community service( am still doing it voluntarily for law school admittance) and other conditions. I want to get off early for a job because I am applying to go to law school (to act as an advocate for inmates rights.... I don't even care if I am able to take the bar because when you work for an Innocence Project they will use you as an investigator or to write briefs) in the meantime I want to work as a Paralegal and being on probation is a deterrant. They don't care about the criminal stuff but they want to see that probation is behind me. (I already had to extend my school by one semester because I could not get a judicial site for school externship project so they found a substitute for me)
I understand that you need to write a letter to the judgefor early release. My PO so far has agreed that I am a good candidate and that she would support it, but has not been helpful with the process itself as she is the one that told me to contact my lawyer. I am hoping to save some bucks! If there is no special form needed only a letter to be written then I know who my judge was... I can do it myself. I just thought that there was a special form or format to be used.
I appreciate the input!
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  #39  
Old 12-18-2007, 03:30 PM
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Default Getting off early

I just looked at the letter that my public defender did for me to get off supervised release early. Basically she said that I wanted to get off early and the reasons why (similar to what you outlined here), she also included a copy of my transcripts and noted that I had completed everything. That's about it.
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  #40  
Old 12-18-2007, 06:42 PM
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Thanks a lot. I just finished looking up the clerk for the Chief US District Judge that I went before to get the correct place to direct the letter so that it doesn't get lost. You guys just helped save me about $5000.00 (that I don't have) as I was going to call an attorney later this week!
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  #41  
Old 12-19-2007, 10:42 AM
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My attorney addressed the letter to the judge, he's the one who has to sign off on it.
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  #42  
Old 01-10-2008, 01:14 PM
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i have 3yrs sr i am in mass. would like eary release any one know or have any dealings in this state its federal probation
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  #43  
Old 01-22-2008, 10:00 AM
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Someone asked if it was possible to get off TSR in 2 or 3 years of a 5 yr TSR. FederalPO listed the requirements that have to be considered in any request for early termination.

You have the legal right to make the request after 1 yr of supervision. I've never seen this happen but perhaps it does on General Supervision cases sometimes. Whether or not it can happen, you have that right to request it.

Usually, if you write the Judge directly, they will forward your letter to the PO for input. That is why I would suggest that you talk with your PO first as to whether or not he/she would oppose such a request and if so at what possible time frame assuming you've abided by the conditions of supervision. They probably will not commit to any time frame. However, I usually tell people to bring up the topic again for us to discuss after serving 2/3s of the term. It's just my own personal practice. Once in a great while I may consider it at 1/2 of the term but hardly ever. I'd have to be totally convinced that the person has abided by the conditions and they didn't pose a risk to the community/they weren't likely to reoffend or relapse, and they no longer needed supervision to help them lead a law abiding life and our time could be better spent supervising other higher risk cases. Along with the above factors, I consider whether or not a lesser form of supervision would be more appropriate than early release. Or if the PO isn't willing to request early termination, you may request at any time a transfer to a lesser form of supervision, e.g. from a specialized caseload to General Supervision.

If your PO is in favor of the early termination, they are required to call your Assistant U.S. Attorney for their input. If I'm in favor of the early release, I will ask the person to write a letter addressed to the Judge stating why they should be considered for an early release but the letter is given to me to be attached to the probation dept petition for early release. This isn't required but I feel that if the person wants the early termination they should be willing to list their own reasons for such, plus it helps me in preparing the petition.

In the petition, the PO will give the Judge reasons for their recommendation as well as whether or not the AUSA opposed or agreed with the request.

There are other factors involved in the PO's decision as well, for example whether or not their supervisor agrees with the PO's recommendation as well as what the probation depts. overall practice is in considering early terminations (it use to be that we didn't request any early terminations, what the Judge ordered is what the person served although they may be eligible for transfer to a lesser form of supervision but now we do make early termination requests when the conditions exist as outlined by FederalPO) as well as what the individual Judge's practice is.

If you're PO isn't in favor of the early request, one year has passed, and you still want to pursue the early termination, simply tell your PO that (as a simple courtesy) and hire an attorney to file the petition or contact your originally ordered Federal Defender.
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  #44  
Old 01-22-2008, 08:38 PM
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Default early request of early termination

i would like to see an example of letter to Judge/PO in requesting early termination of federal probation
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  #45  
Old 01-23-2008, 10:59 AM
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I would like to see an example too.....of the same sort dh281hou posted. I am not that good with the composition of these official type of letters.
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  #46  
Old 01-25-2008, 06:15 PM
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Hi PO,

Is there a form I should give my lawyer?
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  #47  
Old 01-25-2008, 09:16 PM
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Requesting early release from SR is a very personal letter. You need to address your desire to be released, explain your current circumstances on issues such as:

1.) employment. Could gove a brief description of job and your performance, anything good that has happended like raise or promotion, and if travel restrictions or other restirctions are hindering job progress, you could say that at the end of the letter.

2.) relevant family issues

3.) religious participation

4.) medical or other relevant issues

5.) community service not required by court

6.) any other relevant issues


The closing should identify any special reasons why you want SR terminated. One page should do it. This is your story, about your life, don't overthink it, make an outline, write out your sentences, read it to a clear thinking friend.

You don't need an attorney for this, but you can get one and they can write the letter for you in the form of a motion. It shouldn't be a major expense, an hour of two in prep and the time for appearance. Federal PO's information is where you should start.

Last edited by bellisq; 01-25-2008 at 09:22 PM..
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  #48  
Old 01-26-2008, 03:07 PM
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thanks bellisq for letter info-i have read some earlier postings on here in regards drug convictions/RDAP participants getting early termination-with above letter stating everything is good in life-no potential problems in getting early termination?-im at 22 months on a 4 year probation-havent heard out of my PO in 3 months-just continue to send in monthly form-would really like to get on with my life
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  #49  
Old 01-30-2008, 01:07 PM
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Could you please tell me exactly what you did when you filed. I am at my 1/2 way point of SR and I don't know what the procedure is for filing for early release. My po said that I have to get a lawyer, but I cannot afford one, so was wondering if I could do it myself.
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  #50  
Old 02-06-2008, 08:23 PM
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You do not need a lawyer to file for early release. I am within 2 months of filing myself, which is 2/3 of my SR time. My PO told me I could do it myself.
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