View Full Version : Questions about supervised release


coping
07-13-2005, 10:04 PM
I have read posts on here that there is an early release from probation after one year. Can anyone tell me what the qualifications are? Has anyone you know gotten early release?

Also, I have another question. My son is in Marianna, he said there is an inmate there that served a 3 yr sentence on drug charges, had been out for 10 months, was on supervised release, his wife called the police for a domestic on him and they revoked his supervised release and gave him 2 years for violation. This was his first violation and his first felony. He hasn't even been to court on the domestic. When she called the police they picked him up and the feds violated his probation because he was arrested NOT becaused he was convicted!! How can this happen? I thought in the "good ole" USA, you are innocent until proven quilty! Someone tell me, can this really happen? Any person, especially an angry X, would do this just to get even, or whatever. What if he didn't even do anything, and it is just his word against hers??

shrekney
07-14-2005, 09:18 AM
When you are on supervised release, any arrest, irrregardless of eventual conviction, is considered a probation violation. However, generally, if the charges are proven groundless, the probation violation is dropped. As such, I would view this jailhouse story with a bit of scepticism, especially since probation violation charges usually result in a 4 to 9 month incarceration, not 2 years. My guess is the guy really beat the crap out of her.

As to the release after one year, it does happen sometimes if you have paid all your restitution and you do everything your p.o. asks of you. Basically, he needs to stay employed, stay out of trouble, report to the p.o. when he supposed to, maintain a stable residency, keep up on his child support if applicable, and pay off all of his restitution (if applicable). Then, if the p.o. is overworked and wants to get him off his docket, he will make a motion after one year.

TxRhino
07-14-2005, 09:46 AM
Just wanted to add my :twocents: and say that I have to agree with Shrekney. The prison system, PTO, and life in general is full of many "Urban Legends" and exaggerations that are based on one side of the story. If I have learned nothing else from my affiliation with "The System" I have learned that rumors and "Scar Stories" abound.

Shrekney is also correct that the mere fact that, if you are arrested you are in violation of probation... it is not an automatic sentence to return to prison however. The proper authorities will investigate each case. If as you say, the alligation is unfounded and coming from a "bitter x", this will be found out and open the accusser up to possible charges. Most of the cases where individuals have had to return to "The System" generally come from ligitimate violations.

In closing let me leave you with some wise words given to me by my Grandfather:
"There is not a pound of worry that ever paid for an ounce of debt"

Keep the Faith.

Michael :thumbsup:

coping
07-14-2005, 09:05 PM
On the early supervised release, is it possible to get that if the conviction was drug charges? Also, he will have 3 yrs state supervised release when he is finished with the feds.

shrekney
07-14-2005, 09:17 PM
Yes, but it is at the discretion of the p.o. and regardless, you always have to do at least 1 year on supervised release before they will considered letting you off.

bellisq
07-15-2005, 06:16 AM
[QUOTE=coping]I have read posts on here that there is an early release from probation after one year.

Coping, which posts are you referring to? Did they referred to a formalized process? This isn't the way it works.

First doesn't you son have state charges as well? Is there a probation requirement there also. Did you know he will have a year of outpatient counseling, aftercare, required by the RDAP program?

I can't remember if these are his first charges. The process for early release would be a getting a recommendation from a his probation officer and an appearance before the sentencing judge. Any one can ask for early release, but i would say that after one year for someone with two charges and an addiction to drugs to boot isn't going to be met with a postive response. If he has a 3 year supervised release term and NEVER gets a dirty urinalysis and NEVER misses any requirements, somewhere in his third year (assuming he has 3 years SR) he could ask for a rec. from his PO. All state time would have to be completed, all fines and fees paid.

He's just in the early stages of RDAP isn't he? He won't be considering this for a long time.

Can anyone tell me what the qualifications are? Has anyone you know gotten early release?

Lots of folks, with pristine SR records, go for early release. A spotless record and smooth transition to outside life, including gainful and steady employment, are the main qualifications. Obviously maintaining a really good and problem-free relationship with the probation officer is really important. If you can afford it, getting an attorney with a good relationship with the judge always helps, but is not necessary. You don't have to use an attorney and lots of people don't.

Many of my clients (mostly white-collar cases) have sought and obtained early release. Freedom to travel for business is a frequent reason, although everybody wants to be free of supervision, of course.

Using a specific time frame, such as a year, isn't really the way to approach this question. Percentage of time completed is a more useful approach. I am sure results are different in each court and i have never seen any statistics on this. If i had to guess, i would say going for early release in the last year of supervision has the best chance of success. Finally, if the supervising agent is opposed to the release and fights it, the chances of success are seriously diminished.

coping
07-15-2005, 05:11 PM
Yes, I knew he has one year of aftercare, and yes he has state charges, he has already completed that sentence, it ran concurrent with federal. His state probation starts immediately after the fed probation ends, which seems to me would help him get an early realease from the feds with them knowing he had 3 more years to go with the state.

I can't predict the outcome, but I am hopeful that he will stay clean with a spotless record. He has already made necessary steps to getting his professional license back, and will continue doing that over the next year while he completes his sentence. If he gets early release for RDAP he will be on supervised release in less than 13 months. The judge that sentenced him was willing to give him a lesser sentence than he took. My son took 36 months so that he could get RDAP. This judge knew that the addiction was the root of the conviction, and if he has the same judge, I feel like this judge would be in his favor IF my son does like he is suppose to, and keeps a spotless record. This judge told my son in his 19 years on the bench he had never conferred with a defendant about his sentence.

bellisq
07-17-2005, 11:11 AM
The judge taking a personal interest in your son is really a great opportunity. But the feds are all about the numbers (keeping them high to justify their jobs/budget) and I think they will want control of your son even more if there is state probation pending. I think it works in reverse to what you think, but you seem to have a great defense team who knows their way around the system. I would think getting the state probation reduced would be easier, after all RDAP and Aftercare.

Keeping sober is going to have to be the main focus of your son's life and if he can do that, everything else will fall in place. With recovery, one day at a time is the best way to go. From what I know about RDAP, he should be off to a good start.

coping
07-17-2005, 08:37 PM
From what I have been able to find out MS rarely gives early release from probation. But, I have been told that they can get early release due to travel and job requirements, etc. My son is considering taking a job in another state, and I think if that happens, and he gets it approved, the early release would be more likely than if he stays in MS.

What do you think the outcome might be on this state probation if he got approved to move to another state by the feds while he was under their control?

John B. Webster
07-18-2005, 03:52 AM
Here is a copy of the statute governing early termination of SR, 18 USC 3583 (e) As well the court will look at all of the factors under section 3553 (a)


(e) Modification of Conditions or Revocation. The court may, after considering the factors set forth in section 3553 (a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), and (a)(7)
(1) terminate a term of supervised release and discharge the defendant released at any time after the expiration of one year of supervised release, pursuant to the provisions of the Federal Rules of Criminal Procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice;