Federal supervised release is in some ways similar to probation, except that it’s a period of supervision that takes place after incarceration rather than in place of it. The good news is that under certain circumstances you could be eligible to have it terminated early.
An experienced Syracuse federal criminal defense attorney can help you know which factors courts will evaluate and how to make the best case for early termination. If you are on federal supervised release, connect with Carden Dotzler Hammond, PLLC to understand your options.
What Is Federal Supervised Release?
When a person is convicted and sentenced to federal prison, the court may also impose a period of supervision to take place after incarceration ends. This is known as federal supervised release. For example, a 3-year period of supervision may follow a 24-month prison sentence.
It’s a lot like probation, except that probation generally occurs instead of incarceration; supervised release happens after incarceration. During this period, a U.S. Probation Officer monitors the person to ensure they comply with court conditions. Those conditions may include:
- Reporting to the officer as often as the court requires
- Not committing any crimes (federal, state, or local)
- Restrictions on firearms possession and travel
- Periodic drug and alcohol testing
- Maintaining or seeking employment
When Is Early Termination of Federal Supervised Release Possible?
Early termination is simply ending federal supervised release before the original expiration date. Under federal statute, a person can request early termination after one year of supervised release. The person usually has to formally ask the court for termination.
The court has discretion to consider federal supervised release after that time, so requesting it doesn’t mean a person will automatically receive it. In making its decision, the court will consider a number of factors such as:
- Whether the person has complied with the court’s conditions of federal supervised release
- Whether the person has committed any violations (and, potentially, the reasons for those violations)
- The person’s employment situation and general stability within Syracuse or the community in which they live and work
- Family or community circumstances that may be relevant to the person’s behavior during supervised release
- Whether continued supervision is necessary or would serve a useful purpose
- Whether the person has rehabilitated and their overall behavior while on supervised release
Neither the probation officer nor the federal prosecutor has the final say on early termination. Rather, the judge has this authority. For this reason, it’s imperative that you retain knowledgeable legal counsel to assist you.
How a Federal Criminal Defense Lawyer Can Help You
If you have been on federal supervised release for at least a year, it’s time to explore whether you are eligible for early termination. A skilled Syracuse federal criminal defense attorney can review your situation and see if you qualify based on the applicable factors.
Your attorney can prepare and file a motion with the federal court in charge of your supervised release, and compile and present evidence of your compliance with your conditions of release and your rehabilitation, like proof of employment. This evidence is essential to your request.
Not every applicant for early termination is perfect. If you have had past violations, that doesn’t mean your request will be denied. However, the judge may be hesitant to grant you early termination. So an attorney can help present these circumstances in the best possible light.
Lastly, a federal defense lawyer can respond to opposition from the U.S. Attorney’s Office or other parties. If a hearing is scheduled on the matter, your attorney can advocate for you and defend your request.
Ready to Seek Early Termination of Your Federal Supervised Release? Let Us Help
To make a compelling case for ending your supervised release early, and to counter any opposition from U.S. Attorneys and others, you should retain a seasoned criminal defense lawyer. Find out why Syracuse clients trust CDH Law to advocate for them.
To get started on your early termination motion or if you have additional questions, reach out to our office. You can start a free case evaluation with us today.