Friday, May 8, 2015

How to Get Early Release From Federal Prison - Lawyers Answer

Criminal defense lawyers from LibertyBell Law Group say a federal inmate has few options to get early release from prison, aside from appealing. The programs below have the highest likelihood of granting a federal inmate early release as compared to other types of post-conviction relief and remedies. However, some of the options below have prerequisites such as a drug crime conviction or verifiable substance abuse, among others.

Keep in mind that other post-conviction remedies may be better suited for your particular case.  You should always have a lawyer, experienced in post-conviction relief, review the unique characteristics of your case to determine which legal avenue would be best pursued to get you either early release, a re-trial, or exonerated and dismissed based on new found evidence.

It is important to note that appeals and other post-conviction remedies may require a prisoner to exhaust other available options first. Court filings not done in the appropriate format and order can actually hurt your case.

Programs available for early release or sentence reduction:

  • Drugs Minus Two - Available only to federal prisoners with a drug crime conviction. Each case is evaluated by a judge who takes into account legal documents and several factors, such as your case and more. It is akin to having your case reevaluated by a judge who can drop your offense level by two levels and thus shorten sentencing, resulting in early prison release. If a prisoner has served his/her sentence, according to an awarded Amendment 782 decision, the inmate will be released immediately.
  • RDAP (Residential Drug Abuse Program) - Available only to prisoners with a documented substance abuse problem among other requirements. Non-violent inmates can receive up to 18 months off the federal prison sentence.
  • CASA (Conviction and Sentencing Alternatives) - This program may only be sought before sentencing as it is a post-guilty plea diversion. Criminal defense lawyers fight to prevent a client from going to prison and instead enter the CASA program. Admission into the CASA program is negotiated as part of the plea agreement and requires the defendant to plead guilty. Upon successful completion of the CASA program the guilty plea is vacated and the case is dismissed with prejudice or the defendant will receive sentencing that does not include imprisonment, such as community service.
  • Good Time Conduct - Prisoners can get up to 47 days, as calculated by the BOP, for every year of good time conduct, but can be retracted if there is bad behavior by the prisoner.
Each of these programs require a review of many factors to be admitted and some programs only allow a very small number of prisoners to be admitted.

You need criminal lawyers that know the system and the programs so you can have a better opportunity for admittance, sentence reduction, and early release . LibertyBell Law Group attorneys work to position clients advantageously for successful admittance. Our federal defense attorneys can also ascertain you have the legal documentation and court filings required, before sentencing, for admittance into CASA or RDAP if you have not been convicted yet.

If you have already been convicted and are serving your sentence our lawyers can evaluate which program is best for you and will reap you the greatest benefit, including other post-conviction relief methods not listed here. 

Regardless of which program you apply for, LibertyBell Law Group's criminal lawyers say it is absolutely essential for a prisoner be prepared. Preparation may, in fact, determine whether or not an inmate succeeds in getting early release or a reduction in sentence.

If you have been charged with a federal crime or are currently serving your sentence in a federal prison, call lawyers now at 855-LAW-PRO1 (855-529-7761).

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