If you or someone you know finds themselves in a state or federal prison, you may contact a Los Angeles federal criminal defense attorney to secure an early release.
Dealing with the complexities of the law while surviving behind bars is no easy task. That’s why you need the help of a professional parole attorney to help you understand your options.
Here are some of the things you should consider when attempting to securing an early release from prison.
Earning Time Off of Your Sentence
If you are released before your maximum release date, it is considered an early release.
Now, your first step is to calculate your maximum release date by following these:
- Start with the length of your sentence
- Subtract any days that the judge has given you credit for, such as time spent in jail before your official sentencing
- Subtract any days you’ve been given for good behavior
- The final number is your maximum sentence
Your Los Angeles federal criminal defense lawyer should be able to help you calculate your maximum release date.
You’ll also want to meet with a correctional counselor, individuals who provide guidance and advice to inmates.
Most prisons have educational or career-based credit-earning programs. These programs exchange your successful participation with time off of your sentence.
In California, for example, it’s possible to earn up to six weeks off for each year you complete the program.
When you meet with a team of inmate lawyers, make sure to ask about eligible and applicable programs for you. Your attorney can help you determine which programs that would be a good fit for your skillset and interests.
Keep in mind that by breaking rules or committing other crimes/offenses while in prison, you might void the time that you’ve earned off of your sentence. It could also keep you from participating in specific programs in the future.
Getting Out on Parole
Unless you are serving a fixed-length sentence that bars the option for parole, you may be eligible to leave prison early. Parole is simply when someone is released from prison under strict conditions and supervision.
Once you become eligible for a parole hearing, you can start the process. Typically, you are only eligible for a hearing one year before the date you could potentially be paroled. Your parole lawyer can help you better understand the timeline if there is any confusion.
Your behavior while incarcerated will play a critical role in how the parole board views your situation. By staying out of trouble, avoiding physical altercations, and obeying all prison rules, you come off as someone worthy of being released.
You can also take advantage of opportunities for self-improvement or greater responsibility. Make sure to explore all of your work and education options.
Don’t go into a parole hearing alone – you want to be fully prepared to stand in front of the board. A parole attorney can help you better understand what the board will take into consideration as well as practice what you’ll say.
On that note, always make sure to express your feelings of remorse, the names of people who will help support you, where you’ll live, what kind of work you’ll do, and your overall plan to stay out of trouble on the outside.
If you are released on parole, make sure you follow your parole conditions. You’ll most likely have meetings with a parole officer or attend counseling or treatment programs. You should also expect to obey laws, reporting your location, submitting to random searches, and so on. Dereliction of these duties could land your right back in prison.
Compassionate release is not based on an inmate’s behavior, but on medical or humanitarian changes in that inmate’s life situation.
It could be that you are needed at home because you are the only surviving caregiver for a child, partner, or parent. Compassionate release often faces excellent scrutiny, so you may definitely want to seek assistance from a professional Los Angeles federal criminal defense attorney.
Once you have a plan, you would prepare a letter to the prison’s warden explaining your situation and your plan if you are released. You’ll need to supply relevant documents like medical records, death certificates, etc.
If you are requesting compassionate release based on your own medical condition, you will most likely need a prognosis of having fewer than 18 months to live. Consideration is also given to those who are confined to a bed, chair, or wheelchair more than 50% of the time.
Elderly inmates may also fall into this category if they meet individual requirements regarding age and time served.
Motion for Reduced Sentence
With the help of your Los Angeles federal criminal defense lawyers, you can submit a motion directly to the court asking for early release. You would need to have grounds that fall under the Fair Sentencing Act of 2010, which usually relates to drug offenses. The Fair Sentencing Act of 2010 helps to remedy injustice in the criminal system. For example, it might apply to the sentencing disparity between offenses related to crack cocaine versus powdered cocaine.
Thanks to the First Step Act (FSA), the Fair Sentencing Act of 2010 is now retroactive. This means you could gain credit for the time you’ve already served back to the start of your sentencing if your case wins. As you can imagine, qualifying for The Fair Sentencing Act of 2010 won’t apply to everyone. Your parole attorney will be able to help you determine if this policy applies to you.
Work with The Best Los Angeles Federal Criminal Defense Lawyers
By connecting with our team of parole lawyers, you get access to one of the most experienced and successful law firms in the area. We customize our approach based on your needs to get you the best results. From researching your case to arguing in front of a judge, we’re here for you every step of the way. You can explore options to reduce your sentence if you’ve been accused of a crime that might land you in prison.
Contact our team at LibertyBell Law Group today.
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