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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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  #1  
Old 10-18-2018, 03:12 PM
honeybadger0621 honeybadger0621 is offline
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Default Has anyone filed a Motion to Modify Conditions? Or similar?

My SO has a 40 year federal probation. His probation officer has “encouraged” him to seal modification/early release. I have no idea where to start? Do we need an attorney?

I have gotten a huge amount of run around already. The clerk of courts said to just write a letter and wait for a response but that seems unprofessional.

Any direction! Help!
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Old 10-18-2018, 04:23 PM
fbopnomore fbopnomore is online now
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A lawyer or the individual under supervision can file a motion in court for an early dismissal. So can the probation officer (unless it is forbidden by their supervisors). The final decision has to be made by a federal judge, so my opinion is that initiation by the PO would be best, a lawyer next, and the person on supervised release last.
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Old 10-19-2018, 02:45 PM
honeybadger0621 honeybadger0621 is offline
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Thanks for your response! The P.O. told us it was our responsibility and I am having a HELL of a time finding an attorney that is willing to advise! Ugh.
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Old 10-19-2018, 04:35 PM
rockchalk1 rockchalk1 is offline
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We have hired an attorney that deals with post release issues, including dealing with the paperwork and what not for getting my husband's supervised release terminated early. There are attorneys who deal with these issues, and if you ask around for referrals you should be able to find one.

The process he told me is fairly simple. The PO has to sign off on it, the prosecutor has to be ok with it, and the judge basically has to be ok with it. Most important is the PO. Then there is a document (court filing) and a court date, and then poof the judge generally grants it. He said it might even be done without any of us having to go to court. When I asked him how much of his time is involved with this he said at most 2 hours, all depends on whether or not he needs to go to court or not.

My husband's case however, is pretty straight forward, so your situation may be different. Normally you can get early release from SR if you haven't served at least half of it, so it may be more difficult in your case, but again only a lawyer can really advise on that.
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Old 10-19-2018, 05:17 PM
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My PO recommended early termination of my SR. In fact, the PO Handbook says that everyone who completes their court ordered requirements should be released early, but the office supervisor said no, and I ended up serving every day of my SR.

I only had about one year of my 3 year SR sentence left to serve, so I decided not to hire a lawyer to file a motion directly with the court. If I had a much longer SR sentence, I would have tried harder to win an early release.

I am pretty sure that without the approval of US Probation, it would have been denied anyway.
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Old 10-20-2018, 07:20 AM
rockchalk1 rockchalk1 is offline
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Quote:
Originally Posted by rockchalk1 View Post

My husband's case however, is pretty straight forward, so your situation may be different. Normally you can get early release from SR if you haven't served at least half of it, so it may be more difficult in your case, but again only a lawyer can really advise on that.
This should actually say "Normally, you can't get early release from SR if you haven't served at least half of it". I should also add that you also normally can't get it if you haven't served at least a year, but since my husband only has 1 year of SR, and he will be able to terminate it after 6 months, clearly there are not hard fast rules they must go by, as it is ultimately up to the Judge and if he will hear the motion or not. Our PO has said he will already recommend it, unless my husband of course violates or have some other issue, and we had a good judge who we are pretty sure we won't have issues with. The AUSA has no reason not to sign off either, unless he just wants to be vindictive, but it's really then just more work for the PO ultimately if he has to serve the entire 1 year.

Good luck!
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Old 10-20-2018, 03:19 PM
99mtg00 99mtg00 is offline
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You'd think keeping him would be more work, but most POs are overloaded as is. As soon as one of their clients "graduates" from supervision, they'll get assigned a new one. And odds are, that new one will require more attention from the PO than the previous one did, if he was ready to graduate.
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