Partner
Supervised release is a period of supervision that follows a term of imprisonment. Similar to parole (which has been abolished in the federal system), the goal of supervised release is to promote rehabilitation. It is required for certain offenses like drug trafficking.
Under limited circumstances, a defendant can request early termination of supervised release. Understanding when and how to request termination can affect your rights and interests moving forward. Learn how Carden Dotzler Hammond, PLLC can help you.
When Does Supervised Release Become Possible?
Certain crimes like drug trafficking require the judge to impose a period of supervised release after the defendant serves time in prison. For crimes that do not require supervised release, the judge should assess the facts of the case and determine whether to impose it.
Whether supervision is required or optional, federal law allows the judge to terminate the release once the defendant completes one year of it. The one-year mark is the threshold, even if the court gave the defendant a mandatory minimum term of supervised release.
In deciding whether to end supervised release, the judge will consult with the government and probation officer and consider the defendant’s conduct and the interests of justice. This, in turn, means looking at specific factors.
The Factors That Will Affect Your Case
These factors are the same ones that are considered at sentencing, and they are listed in statute. They include:
- The nature and circumstances of the crime: What was the crime for which the defendant was convicted, and what were the unique facts of the case?
- The defendant’s personal history and characteristics: This is where the conduct of the defendant will prove especially relevant.
- The need for deterrence: In other words, how serious is the crime and what is the court’s interest in imposing a severe enough punishment to deter future incidents of it?
- Public safety: Would the public safety be threatened if the defendant’s supervised release is terminated early?
- Rehabilitation needs: If there is evidence that prison alone will not suffice to rehabilitate the offender, the court might not end supervised release early.
The Judge Has the Ultimate Discretion
It’s important for a defendant to understand that just because a judge can terminate supervised release early does not mean they will. The discretion rests with the judge. A person’s conduct and the ends of justice will be the main deciding factors.
Although one year is the minimum amount of time the defendant must participate in supervised release, a judge may want to see more time. In practice, therefore, some judges wait until up to 18 months have been spent. Others will wait until half of the supervised release passes.
Regardless of an individual judge’s preferences, it is imperative that the defendant has a clean record. An attorney may even advise you to spend additional time beyond the one-year mark to demonstrate your ability to stay out of trouble.
How to Strengthen Your Case for Early Termination
If you wish to bring your supervised release to an early end, there are a few things you can do to make a good case for it. These include:
- Having no positive drug tests
- Missing no appointments
- Avoiding any additional criminal charges
- Following all reporting requirements
- Abiding by all travel restrictions
- Maintaining employment
- Participating in court-ordered programs
In other words, consistent compliance with all terms and conditions of your supervised release will be essential to gaining early termination. Judges want to see that you have complied, not struggled to comply. The cleaner your personal record is during supervision, the better.
How We Can Help With Your Supervised Release Early Termination
Having experienced legal counsel is an important step in making the case for ending your supervised release early. CDH Law’s federal crime defense attorneys can review your case, draft and file your motion, and make an argument for why supervised release should end.
We can handle all aspects of your motion, including the hearing, and are ready to argue on your behalf. It starts with contacting us to schedule your initial consultation.