Early termination supervised released and probation

yim1971 · #1 10-07-2019, 05:52 PM

Good evening... me and my husband were defendants in a case together. Now comes the time when we both have our supervised / probation terms more than 60% met. Through an attorney we filed a JOINT MOTION FOR EARLY
TERMINATION OF RESPECTIVE SUPERVISED RELEASE AND PROBATION
TERMS, OR IN THE ALTERNATIVE, FOR TRANSFER AND MODIFICATION OF
RESPECTIVE SUPERVISED RELEASE AND PROBATION to the middle district of FL.
Our attorney has been trying to contact our PO via email three times and he never received a response from her yet. Although he filed the motion on 10/01 there is no response from her regarding the Prob. Office's position regarding above mentioned. The government position was to defer unto the PO's position. Can the court grant this motion without any response from the PO? Or can they convene a hearing? Thank you for your reponses

**fbopnomore** · #2 10-07-2019, 06:13 PM

Are you waiting for the PO to support your motion of an early termination of federal supervised release? The PO's involvement is minimal except for their actual recommendation to the judge. The AUSA handling the hearing will either oppose the motion, or at best the "government" won't object, they won't "agree". Then the judge will decide the case regardless of what the PO presents.

GaReform · #3 10-07-2019, 10:09 PM

From what I've heard from other people wanting to get off supervision early, the PO doesn't give much help. They report how you were while being supervised & no opinion to the Court. It's up to the judge to decide based on what the ADA says & you present to show you are no risk & can do the right thing. If all your fees, fines, & any required community service or classes have been finished, that's a big positive. Keeping fingers crossed you hear good news soon.

yim1971 · #4 11-18-2019, 09:20 AM

As of today our motion hasn't been granted yet. On 11/14 (last Friday) the judge ordered answers from AUSA and the PO and these are due on 11/20. My PO is out of town through December 2nd so I doubt an answer to the judge's request will be submitted on time. I will really appreciate any thoughts. Thanks

**fbopnomore** · #5 11-18-2019, 12:02 PM

I'm afraid that all you can do is be patient. It sounds like the judge is getting tired of all the delays from the prosecutors/US Probation officers (POs work for the Courts, not the US Department of Justice), which might even impact the final ruling.

I never got a formal answer from my PO, except for the lie that they wouldn't oppose my early release from SR. By the way, I served every day of my 3 year SR sentence.

rockchalk1 · #6 11-25-2019, 07:06 AM

My husband was eligible for termination of supervised release on September 25 (after he served 50%/6 months of his term of SR). There was some back and forth with his PO about it at first, the guy forgot that my husband had paid his restitution before he went to prison, then he acknowledged his error, but never confirmed yes or no whether he had an issue granting the termination. So, about 2 weeks later, after the attorney had already spoken to the prosecutor, he asked reached out again and the guy said no issue.

The motion was simply written up as neither the PO or AUSA had an issue with granting the termination. It was sent to the court on a Wednesday, with the understanding there would be a court date the following Tuesday he would need to attend. Well, Thursday late morning his attorney sent an email that he was free! The judge signed the motion, with no one in attendance. Couldn't believe how easy it was. No one had to attend court.

Hope it's as easy for you. Regardless, it should only take the PO 5 minutes to go through your file, see that you met the terms of your SR and say yay or nay. Your attorney should also be able to tell the prosecutor if you've met the terms, but I'm guessing the prosecutor wants to cover his ass by waiting to know what the PO says.

Good luck! It's nice to be done and not have to look back! Although my husband is interested in Prison Reform and stuff like that so he has been doing that kind of stuff so that's been good for him as he never would've if he hadn't had this experience.