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  #51  
Old 06-03-2008, 12:02 PM
tbank25 tbank25 is offline
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Hi guys.

I am approaching the 18 month mark of a 3 year supervised release term. My PO stated that I am slated for a "review", and they will recommend early termination if I pass the review.

I have no drug history, and was removed from the phone recorder a few months in. Never failed any tests, have not missed any restitution payments, have no violations. No criminal history prior to my federal felonies. Currently I assume I'm on some very low level of supervision...I have been on mail-in reporting since my third month, and I haven't seen my PO in probably a year.

However, I will still owe approximately $2600 in restitution when the review date comes. Also, while I show income every month, I am self employed. My business is growing, but I'm sure the govt prefers a steady, hourly job over self-employment. Finally, while there was no weapon or threat involved in my offense, it was a bank robbery charge. To complicate matters, I have two terms (indicted and sentenced in two districts), and neither sentencing court is in my district.

What do you think? Do I have a shot at this?

The reason I ask is that I have family in another district, which I want to move to. My long time girlfriend has also moved to that district and wants me to come. My PO said he would put in a move request, but could not guarantee that the district I want to move to would review me for early termination.

I suppose I could apply on my own, but assumed it would be more effective if the PO did it for me.

My fear is that I will wait, not put in the move request, and then get shot down for early termination when my case is reviewed by the PO - then it wouldn't even make it to the judge. If that's what is going to happen, I'd honestly rather just move now and be with my family and girlfriend, and continue SR for whatever time, than to waste time here.

Thanks for any input.

Last edited by tbank25; 06-03-2008 at 12:03 PM..
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  #52  
Old 06-05-2008, 11:13 AM
bellisq bellisq is offline
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I'm guessing it would be easier and faster to transfer. if you have housing already available, and have gotten a job, then it makes it a lot easier. However, check out your judge, is he known to be easy, a few are...i would think you wouldn't want to present this yourself but get a lawyer, to make it really easy on yourself, why not get a second job at night and just pull in the cash and remove that as an impediment. I think the self-employment issue is tricky because you have to establish new clients in your job. there is a list somewhere on PTO of companies that are "easy" with ex-cons
. You might hunt that down.
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  #53  
Old 06-05-2008, 11:18 AM
tbank25 tbank25 is offline
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I think the problem is that one of my judges was nice, the other one is a hardass. I suppose I should call both districts and find out what that judge's policies are regarding early termination and length of time served.

Unfortunately, my business takes all of my time and then some...I've tried having a job along side it, and my business suffers when that happens. But I'm making fairly good money right now, and things appear to be gaining momentum even more. So perhaps I can have the restitution fully paid by the time the review comes up.

My concern was just that if I move, the district I move to wouldn't be familiar with me, so they wouldn't recommend early termination...
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  #54  
Old 10-06-2008, 04:17 PM
kacib80 kacib80 is offline
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Default Need some help and advice

I have 6 months remaining on SR and all of sudden my probation office is riging me so hard. I have not traveled much in my 2 1/2 years since on probation. All of sudden she tells me I can't travel anymore for recreational travel. This really sucks because she knows that I submit a travel request each year for Thanksgiving and Christmas to go to my parents house. Now, they are not going to let me go. Its not because I have violated or been a trouble maker. She says its because of my large balance that I owe in restitution. I have been paying this whole time and even pay more then I was ordered by the court to pay.

What would cause this turn of events? Can I still request to get off early if I request it from my judge.

If someone has written their judge can you tell me briefly your steps to do this, and maybe what you told the judge.

Another reason I would like to get off early is I have a 6 year old daughter. I have been very involved in everything she does at school and even outside of school. This is her first year in public school and I can not volunteer or participate in any of her classroom activities as long as I am on probation.

Any clarity in this is greatly appreicated!
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  #55  
Old 10-07-2008, 06:34 AM
bellisq bellisq is offline
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You can ask for early release, but if you have a large balance, your chances at success are quite slim. However, you can go to the judge and ask for specific permission to visit your parents for those holidays. If possible, go through and attorney, but make it easy on them by presenting him with a good summary of your SR experience, and especially relating all the specific conditions you have met over the past 2 and 1/2 years. I don't think going to see family should be considered recreation. Alternatively you can go up the chain to the PO's supervisor but I think your better chance is with the judge.

Another thought is that if your parents have the means and will provide the tickets, gas money etc. that would deflect the restitution issue. Good luck to you, I'm sure your daughter will benefit from being with family at these special times.

Last edited by bellisq; 10-07-2008 at 06:35 AM..
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  #56  
Old 10-07-2008, 08:42 AM
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If convicted of a misdeameanor, you can request early termination at any time of supervision. If you were convicted of a felony you can request early term after one year of TSR.

If you had gone the other years, I would've expected you to pay a larger amount towards restitution than normal in order to go, even if parents are paying your way. I would consider the cost of your travel and request at least that amount in order to travel. Probation office needs to work to make the victim whole and travel (even to see relatives) is a privilege and not a right. I would see it as more important than vacation obviously, but it is still a privelege.

You could consider if there is another way that you can pay it off, e.g. obtaining a loan, through relative support, selling of assets, etc.

If you can't do the above, you might consider having your wages garnished as a promise to continue your payments even after TSR ends.

Since you have time yet before Thanksgiving gets here, I'd talk with your PO again and see if there is any compromise, if not, then ask to have a three way with your officer and his/her supervisor (if you feel your officer is being unreasonabe), then you can either petition the Judge yourself by writing a letter to the Judge and give it to your office to forward it to the Judge (if you send it to the Judge direct, the Judge will simply send it to Probation for a response anyway), or hire an attorney.

Just so you know, here are some key points going against your request:

1. Travelling (whether for vacation or to see relatives on holidays) is a hard thing to do when you owe restitution. The fact that the probation dept. allowed you to travel before isn't a relevant issue as you were given the privelege to travel when you could've been denied as you are now.

2. The probation dept. is charged with making the victim whole.

3. If you received less time on TSR than what was statutorily possible (e.g. given 2 yrs TSR instead of 3), the Probation Dept. could recommend to the Court that your supervision be extended by one year to ensure payment of restitution during the next year. We don't do that as practice in our district (unless we can show the person should've been able to make larger monthly payments but choose not to do so or hid disposable assets).

4. A relative saying they are going to pay for your trip is not relevant as many folks say that in an attempt to get the travel. The fact is that someone is paying for the trip and if so, then someone (you or your relative) could pay more for restitution. Now before you complain that your relative is not obligated to pay your restitution, consider the probation depts. response that the dept isn't obligated to allow you travel either.

I hope this is helpful to you. Good luck in coming to an agreement with the probation dept that is acceptable to both sides.



Quote:
Originally Posted by kacib80 View Post
I have 6 months remaining on SR and all of sudden my probation office is riging me so hard. I have not traveled much in my 2 1/2 years since on probation. All of sudden she tells me I can't travel anymore for recreational travel. This really sucks because she knows that I submit a travel request each year for Thanksgiving and Christmas to go to my parents house. Now, they are not going to let me go. Its not because I have violated or been a trouble maker. She says its because of my large balance that I owe in restitution. I have been paying this whole time and even pay more then I was ordered by the court to pay.

What would cause this turn of events? Can I still request to get off early if I request it from my judge.

If someone has written their judge can you tell me briefly your steps to do this, and maybe what you told the judge.

Another reason I would like to get off early is I have a 6 year old daughter. I have been very involved in everything she does at school and even outside of school. This is her first year in public school and I can not volunteer or participate in any of her classroom activities as long as I am on probation.

Any clarity in this is greatly appreicated!
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NOTE: I am not an attorney & I do not offer legal advice. These are my personal opinions and are not necessarily the position of the probation department. Please speak directly with your (or your loved one's) PO and consult with an attorney, before making decisions regarding your unique situation.
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  #57  
Old 10-07-2008, 11:14 AM
kacib80 kacib80 is offline
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Any time I have traveled I have paid an extra month of restitution to go. If my parents paid for the trip I have always supplied proof that it was paid by them and not by me.

I have paid on time this whole time and I am confused as to why now she is acting like I am going to flee without paying.

My main reason for asking the judge for early termination is so I can be involved with my daughter at her school.
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  #58  
Old 11-05-2008, 05:43 PM
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Default Any ideas?

The last time I saw my PO was back in the beginning of July, I haven't heard from her since but I still send in my monthly paperwork as always.

My time on SR release and even Pre-Trial has been flawless...my restitution is paid, no positive UAs, I have a full time job, go to school, and don't ask for much. She's let me travel all over the country while on SR as well, never any problems.

I called her and left her a message, haven't heard back from her. I've been on SR for about 18 months, sentenced to 3 yrs. I'm in the Eastern Dist of KY.

Could she have put me in for early termination and not told me? It's just odd to go this long without hearing from her. Ever since July I always said the next time I saw her that I was going to ask for early termination, but I didn't think it would be 4 months and on between when I saw her.

I'm hoping to hear back from her...but if not should I leave her another message asking if I was done? I'm pretty confused!
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  #59  
Old 11-05-2008, 07:02 PM
bellisq bellisq is offline
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The sentencing judge approves early release and I think you would have to be present for the hearing. Sounds like you just aren't a high priority. you can always check PACER to see if there is any activity on your case.

Last edited by bellisq; 11-05-2008 at 07:03 PM..
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  #60  
Old 11-05-2008, 08:25 PM
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Quote:
Originally Posted by bellisq View Post
The sentencing judge approves early release and I think you would have to be present for the hearing. Sounds like you just aren't a high priority. you can always check PACER to see if there is any activity on your case.

A hearing isn't necessary to terminate SRT early. Most often it's done with the signing of an order.
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  #61  
Old 11-06-2008, 04:43 AM
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If you were seeing your PO on a regular basis and there has been no response, I'd suggest contacting your officer's supervisor because maybe your officer went on sick leave, was promoted, transferred to another office, etc. and your case fell between the cracks. Or perhaps, she submitted the ET request for you and forgot to send you a copy of the discharge order. In any case, if you were reporting on a monthly basis, 4 months is a very long time not to hear from the officer despite your phone messages.
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NOTE: I am not an attorney & I do not offer legal advice. These are my personal opinions and are not necessarily the position of the probation department. Please speak directly with your (or your loved one's) PO and consult with an attorney, before making decisions regarding your unique situation.
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  #62  
Old 11-06-2008, 01:45 PM
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My sentencing judge has since retired and it was in a different district. I do know that she changed offices but that was over a year ago and I've been sending my monthly paperwork to her new office from the get go. She lives in the same town as me so it's not like she never has the time to come see me.

I don't believe she's transferred or anything because the message on her voicemail is still the same. I'm going to give it another week and see if she contacts me, if not I'm going to call again.
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  #63  
Old 11-06-2008, 01:49 PM
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And how do I use PACER?
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  #64  
Old 12-20-2008, 10:59 AM
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Default question -mechanics of early release from TSR

What is the process for getting early release from TSR. Is there paperwork that I would need to fill out? Or do I just write a letter addressed to the judge.
Does anyone know how amenable the POs in the eastern district of NY are to recommending early termination of probation after one year (my probation period is two years).
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  #65  
Old 01-15-2009, 02:18 PM
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so about how long after the PO recommeds termination before the termination is effective? My PO told me today that he would put me in for termination, just wondering about how long the process is.
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  #66  
Old 01-15-2009, 04:53 PM
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Default Early Termination

In the Chicago district, I first asked my P.O. what was required to be removed from supervision. My P.O. gave me the name and telephone number of the Federal Public Defender that handles release from Supervision. The P.O.s recommendation is important because they had to appear in court before the same judge that sentenced me to begin with.

I used a Federal Public Defender, who was a specialist in the procedures and it is free if you are indigent or close to it. Otherwise they were going to charge me a $1,000 fee. Much cheaper than a private attorney would charge for this service. The Public Defender filled out the necessary paperwork and filed it with the court, sending the P.O. and myself a copy. I never met with the defender at his office, only by telephone. The first time I met him was at court.

I was on a 4 year supervision period and spent 14 months on supervision. Normally the court would not approve this, but I had fulfilled all of the obligations mentioned in my sentencing papers. Steady employment, restitution and fines paid, community service completed and no problems with the police or Probation Office. The AUSA also attended the hearing and objected to my request. He explained that the FEDs do not like to approve anyone with less than half of the time spent on supervision. My P.O. stated that I had fulfilled all obligations and saw no problem in approving my request. The judge explained that normally she would go with the FEDs recommendation, but said since I had fulfilled my obligations and wasn't a threat, she would approve the request to terminate my supervision.

The entire process took only 3 weeks.

Last edited by TrustPeople; 01-15-2009 at 04:56 PM..
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  #67  
Old 01-24-2009, 10:59 AM
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I would avoid using the PACER system; it is a very very crappy system that charges outrages prices.

Unless you know exactly what district and the exact case number--it's totally worthless and expensive system to use. IMO
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  #68  
Old 01-24-2009, 10:54 PM
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PACER costs nothing if the information you want isn't available. I use the system daily. It isn't user friendly, but anyone having problems, PM me and i will walk you through your request. There is a way to access case information even if you don't have the district. You only need the person's name to access information.
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  #69  
Old 01-31-2009, 09:29 AM
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Default Juvenile Supervision

Hey everyone, I was wondering if my situation is any different. I was convicted at 20 y.o. as a juvenile for putting a pipe bomb in a soda machine at 17 (ratted out by cousin for sentence reduction). I was on pre-trial for several months and once convicted served 3 months at Fort Dix. Upon release I continued as a Full-Time Habitat for Humanity volunteer for 6 months then returned home to continue college, all the while I was on "juvenile supervision." My case was a total offense level of 21 and had a criminal history category of I, for a driving under the influence charge at 19 (only .01 over the legal limit but still a minor regardless). I am "exposed to a period of juvenile delinquent supervision of 46 months less any period of Official Detention imposed pursuant to the terms of 18 U.S.C. 3563 and 3564 as found in 18 U.S.C. 5037(d)(3)." Not quite sure what that all means but I'm coming up on 12 months of juvenile supervision served and am now 22. Is there any way I could get off early after 12 months? I've never used drugs, with the exception of alcohol obviously when I was 19 but since then have had no problems... Any help would be amazing. Thank you all, best of luck to every single one of you.
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Old 01-31-2009, 04:57 PM
bellisq bellisq is offline
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Were you convicted of a crime of violence? What is your exact conviction? When was the 12 months up? Are you continuing to do community service? Are you in college or another productive activity? What other good things have you done since being incarcerated? I have helped a number of people get off SR, but need those questions answered to give you a reliable response.
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  #71  
Old 02-03-2009, 05:50 PM
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Default What do you think?

Were you convicted of a crime of violence? What is your exact conviction? When was the 12 months up? Are you continuing to do community service? Are you in college or another productive activity? What other good things have you done since being incarcerated? I have helped a number of people get off SR, but need those questions answered to give you a reliable response.

My crime wasn't a crime of violence. Towards the end of the whole situation the court began to understand it was a childhood prank. We didn't blow up the soda machine for money or sodas, we just did it because we were young and dumb. My exact conviction was malicious damage to interstate commerce (soda machine), and possession of an unregister explosive device (pipe bomb). My twelve months will be up in March 2009. I am not continuing to do community service mainly because of time restrictions with work and school. I am in college and play an active role in my church. I am hoping to get early termination so I can transfer to another university that I have been accepted. This university it out of state and I really wanted all of this cleared up and put behind me before I left. Thank you for your help.
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  #72  
Old 02-03-2009, 06:42 PM
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Not clear how long your supervised release is, 48 months? If so, i am guessing you might not get off that early, but you can hire an attorney that the judge likes to go for it. You can get permission to transfer supervision to another district, but you will have to get permission to come home for visits. You could squeeze out a few days a month helping at habitat and that goes a long way toward showing rehabilitation. You can sleep when you are old.
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  #73  
Old 06-10-2009, 10:58 AM
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What if after 4 years on probation and fulfilling all the requirements for early release and filing the paperwork, the supervising officer says he will fight early release just because, for no particular reason. then the court doesn't process it for a year?
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  #74  
Old 06-11-2009, 08:09 AM
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You can hire a lawyer to try to get the request on the docket. How long is the term?
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Old 06-11-2009, 09:11 AM
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[is there a form to fill out for early termination of federal supervised release and where do i download it? quote=Federal PO;2405046]There are always questions about this topic, and also alot of bad information floating around out there that ontributes to people's confusion. Hopefully a moderator can hit this as a sticky to answer some of the questions that get asked frequently.

Title 18 of the US Code, sections 3564© and 3583(e)(1) give the Court the authority to terminate a term of probation in a misdemeanor case at any time, and supervised release or probation in a felony case after serving one year of supervision if the Court is satisfied that such action is warranted by the conduct of an offender and is in the interest of justice.

While the statutory rules guide the Judge, the probation office has several national policies that it has developed to determine who to recommend for early termination. The March 2005 revision to the Probation Monograph 109 instructs probation officers that they should consider the suitability of early termination for offenders as soon as they are statutorily eligible. The general criteria set forth in the monograph for assessing whether a statutorily eligible offender should be recommended to the Court as an appropriate candidate for early termination are listed below. Offenders with identified risks to the community (like numbers 8 and 9 below) should not be recommended for early termination. However, the failure to meet the other criteria listed below should not automatically exclude an offender from further consideration. The appropriateness of early termination should be based on the offender’s overall progress in meeting supervision objectives and should include an evaluation of all the circumstances in the individual case.

In general, the criteria for recommending early termination are:

1)Stable community re-integration (e.g., residence, family, employment)
2)Progressive strides toward supervision objectives, and compliance with all conditions of supervision
3)No aggravated role in the offense of conviction, especially in large drug or fraud cases
4)No history of violence(e.g., sexually assaultive, predatory behavior, or domestic violence)
5)No recent arrests or convictions (including unresolved poending charges)or ongoing uninterrupted patterns of criminal conduct
6)No recent evidence of drug or alcohol abuse
7)No recent psychiatric episodes
8)No identifiable risk to the safety of any identifiable victim
9)No identifiable risk to public safety based on the Risk prediction Index (RPI)

The existence of an outstanding financial penalty per se does not adversely affect termination eligibility as long as the offender has been paying in accordance with the payment plan.

Review for suitability for a recommendation for early termination should be discussed with the supervisor as part of the periodic case evaluation process. If the Court denies early termination of an eligible offender, the case should ordinarily be supervised under low intensity supervision standards.

With all this being said, some Judges have developed policies for their own courts that they have instructed probation officers to follow, in addition to the ones described in the monograph.[/quote]
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