Fort Lauderdale Compassionate Release Attorneys
Seeking a Reduction in Sentence in Broward County, FL
Compassionate release is a post-conviction relief option that allows inmates to seek a reduction in their sentences. They must meet specific criteria to qualify, and they must proceed through an often confusing process filled with various laws and rules that must be followed to the letter. That is why, if you're seeking early release for your incarcerated loved one, it's best to consult with an attorney about their case.
Together, our Fort Lauderdale compassionate release lawyers at Hager & Schwartz, P.A. have over 40 years of experience. When you choose us to help with applying for a reduction in sentence, we'll answer all your questions and take care of the legal processes for you.
While we handle every detail of your loved one's case from beginning to end, we will also approach the matter with compassion and a focus on your best interests. Our team will get to know about your loved one, their background, and their current situation to develop a compelling petition for compassionate release. We will not lose sight of what's important and will work hard toward obtaining a favorable outcome for your loved one.
We offer a free initial consultation to discuss your circumstances. Call us today at (954) 840-8713 to get started.
Criteria for Compassionate Release
As mentioned before, an inmate may be eligible for compassionate relief if they meet specific criteria. The provisions under the federal law concerning a reduction in sentence include medical, non-medical, and age. When the warden, Office of General Counsel, and/or the Bureau of Prisons (BOP) are considering whether or not to approve an inmate's application, they will be looking to see if the reasons outlined in the petition meet those required by law.
The "extraordinary and compelling reasons" that might warrant a modification of an inmate's sentence include:
- Medical: The inmate was diagnosed with a severe or debilitating disease, and they have 18 months or less to live.
- Incapacitation or death of a child's caregiver: If the inmate is a parent and the family member providing care to their child or children suffers a severe illness or injury or dies, the inmate may qualify for compassionate release.
- Incapacitation of spouse: A reduction in sentence may be approved if the inmate's spouse is incapacitated and the inmate is the only person who can serve as their caregiver.
- Age: Inmates 70 years of age or older who have served at least 30 years of their sentence or those who are 65 years of age or older, have been diagnosed with a debilitating illness, and have served at least 50% of their prison term, may be eligible to file a motion for early release.
Although applying for compassionate release might seem straightforward because you're basing the petition on qualifying circumstances, this can be a complex process. Filing a motion requires more than merely listing out the qualifying event. You must provide a persuasive argument; you must include documents to back up your assertion; and you must demonstrate that your loved one has a proposed release plan that outlines how they will live, work, and get necessary care after they re-enter society.
Our Fort Lauderdale compassionate release lawyers can help with every part of this process. We will thoroughly review your loved one's situation, conducting interviews, gathering paperwork and documents, and ensuring your petition gets submitted to the correct place.
Early Release Evaluation Factors
On top of reviewing the extraordinary or compelling reasons that may justify compassionate release, the warden, Office of General Counsel, and BOP, will also look at various other factors about the inmate's circumstances. These entities are concerned with protecting the public and preventing the release of someone who might pose a risk to the safety of the community.
As such, before making a decision, they will evaluate the following:
- Details surrounding the offense
- Criminal history
- Victims' comments
- Violations made while on supervised release
- Adjustment to the institution
- Disciplinary violations
- Inmate's history
- Prison term and time served
- Age of inmate currently and at the time of the offense
- Proposed release plan
- Effect of release on severity of offense
Discuss Your Options with a Team You Can Trust
If you're considering applying for compassionate release for your loved one, speak with our Fort Lauderdale attorneys at Hager & Schwartz, P.A. We are here to help you understand your options and the process.
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