Modification or Early Termination of Federal Supervised Release
It is possible to seek early termination of federal supervised release and win! Our attorneys have a track record of winning in the United States District Court for the Eastern District of Michigan.
How To Get Off Federal Supervision Early
Depending on the circumstances, courts have the authority to modify the conditions of an offender’s supervised release or to terminate it before the original expiration date. Before modification or termination may occur, a court must consider the factors set forth in 18 U.S.C. § 3553(a)(1), (a)(2)(B), (a)(2)(C), (a)(2)(D), (a)(4), (a)(5), (a)(6), & (a)(7) — the same factors a court initially must consider in deciding whether to impose a term of supervised release.
Modification of supervised release is authorized by 18 U.S.C. § 3583(e) and Federal Rule of Criminal Procedure 32.1. Although a court may modify conditions after a contested hearing, a hearing is not required if the attorney for the government is given notice and a reasonable opportunity to object but does not do so (Fed. R. Crim. P. 32.1(c)(2)).
Modification or Early Termination of Supervised Release
Under 18 U.S.C. § 3583(e)(1), a court may order an early termination of an offender’s term of supervised release “at any time after the expiration of one year of supervised release . . . if it is satisfied that such action is warranted by the conduct of the defendant released and the interests of justice.” Such early terminations may occur even when a statute required the sentencing court to impose a term of supervised release exceeding one year.
The United States Attorney’s Office can oppose, support, or take no position relative to a Motion for Early Termination of Supervised Release. A defendant would want a defense attorney with extensive experience in the United States District Court for the Eastern District of Michigan because knowing who to contact, what to say and do, and an in-depth familiarity with the policies and nuances of the U.S. Attorney’s office can make a significant difference.
Motion Practice in the United States District Court
The rules regarding filing motions in federal court are complex. The Federal Court Rules and local rules in the Eastern District of Michigan govern motion practice. To complicate matters, each of the numerous District Court judges has their preferences and proclivities. The lawyers known for achieving the best results are experienced, zealous, and will do whatever it takes to maximize their client’s chances of success. That is the type of representation the attorneys with LEWIS & DICKSTEIN, P.L.L.C. provide their clients daily.
Compliance with Supervised Release is Essential
A federal judge is unlikely to grant a Motion for Early Termination of Supervised Release for someone struggling to comply with their release conditions. Although perfect compliance is not necessary, things such as positive drug screens, new criminal activity, and absconding from supervision, are severe roadblocks. Although there are no guarantees, a judge is far more likely to thoughtfully consider a request for early termination from someone who has done everything expected of them to the Court’s satisfaction.
Federal Criminal Defense Attorneys
If you are on court supervision for a federal felony or misdemeanor offense and would like an early termination or some modification to the terms of the release, please call LEWIS & DICKSTEIN, P.L.L.C., and a highly experienced federal criminal defense lawyer will promptly contact you. If there is a way to achieve early termination of supervised release, our highly skilled team will find it.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.