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).

Criminal Lawyers in California Support Prop 47

Criminal lawyers in California widely support Proposition 47 because it simply makes sense in light of research gathered from other states successful at reducing crime and mental health research related to drug addiction.

New York is widely recognized for very significant dramatic reductions in both crime and prison populations. Many states across the U.S. using alternative strategies to incarceration in fighting crime  have also experienced reduced crime levels and number of prisoners.

California's Proposition 47 also reflects the executive agenda of the federal government in being smarter on crime. The federal and local governments across the U.S. are starting to implement new policies for low level drug offenders who need drug and mental health treatment. Politicians are noting that prisons may not serve to solve underlying problems of offenders; prisons may actually exacerbate those problems and even harden them into becoming a risk.

Drug treatment  professionals know that if the underlying problem(s) causing addiction are not successfully treated it is very likely the condition and self control of an addict will spiral downwards.

Criminal lawyers and professionals working in drug rehabilitation centers have known for years that an addiction to illegal drugs often goes hand in hand with petty and non-violent offenses, such as theft.

Criminal lawyers from LibertyBell Law Group advise that California Prop 47 is smarter, cheaper and a commonsense justice policy. The lawyers say that sending someone to a drug treatment center may save lives, heighten public safety, and is a more humane and compassionate method to deal with those in unfortunate circumstances.

On November 1, 2014, a similar measure in federal law called Amendment 782 (a.k.a. "Drugs Minus Two") will allow the early release of federal inmates convicted of drug crimes for those who qualify. Though, each prisoner must be reviewed by a judge before approval. Among the many factors considered are the criminal history and conduct in prison.

If Proposition 47 passes, California will follow suit by having each pre-qualified prisoner evaluated by a judge for retroactive sentence reduction. The criminal history and risk assessment will be thoroughly reviewed on in deciding if the inmate poses a danger to public safety. If the judge decides the inmate does not pose a risk to public safety, the inmate will be retroactively sentenced for an early release from prison.

Proposition 47 reduces particular crimes from felonies to misdemeanors where the value involved in the crime does not exceed $950. Drug possession would be reduced to a misdemeanor and the individual would receive much needed drug treatment, and possibly other social services, instead of prison time.

Prop 47 crimes reduced to misdemeanors:

• Shoplifting
• Grand theft
• Receiving stolen property
• Forgery
• Fraud
• Writing a bad check
• Personal use of most illegal drugs

If you or a loved one has been convicted of a drug offense, find out the types of post-conviction relief and retroactive sentencing reduction that are available for an early release from prison and speak to a top criminal lawyer now, call 855-LAW-PRO1 (855-529-7761).