Posted on January 13, 2018
Early Termination of Federal Supervised Release
A defendant is either sentenced to probation or a period of incarceration. After release from incarceration, a defendant is placed on a period of supervised release to ensure the defendant remains law-abiding and moving in the direction of rehabilitation. The law allows a defendant to petition the court for early termination of supervised release so long as certain conditions are met in addition to considering the interests of justice. The Law Offices of John D. Rogers regularly practices in federal court within the Southern, Central, and Eastern districts of California. Contact our office today for a free consultation about petitioning the court to terminate supervised release early.
What is the Process of Terminating Federal Supervised Release?
The only eligibility requirement is that you complete at least one year of supervised release prior to filing a motion for early termination. Next, you must file a motion with the court outlining all the reasons why you should be granted this relief. Ordinarily, a motion will consist of the similar arguments and factors set forth in your previous sentencing memorandum. A hearing will be held where the judge will consider your arguments, arguments from the federal prosecutor, and any opinion and/or recommendation(s) from your supervising officer.
What will the Judge Consider?
- The court will consider the severity of your conviction and your prior criminal history when ruling on a motion for termination of supervised release. In addition, the court will consider the planning and sophistication of your conviction, and whether you owe any outstanding restitution. If any alleged victim contests the petition, that may be very controlling in the eyes of the court.
- Your conduct while on supervised release and any recommendation and/or objection by your supervising officer. Ordinarily, the court will request a report from your supervising officer outlining your conduct and request a recommendation to your petition.
- The reason why you’re seeking to terminate federal supervised release early. Claims of “I just don’t want to be supervised anymore,” will not suffice. You must have a legitimate reason for seeking this post-conviction remedy. Common reasons include immigration, child custody, military, employment, and any other factors in regard to personal or professional hardship.
- The judge will also consider the “interests of justice.” In other words, does the negative impact of being supervised outweigh the public’s need for your continued monitoring.
Contact an experienced Orange County Federal Criminal Attorney
If you’re seeking to terminate federal supervised release early, then contact an experienced Orange County federal criminal attorney at the Law Offices of John D. Rogers for a free consultation. We handle federal matters all throughout southern California including Los Angeles, Orange County, and Riverside.