The answer to this commonly asked question is: yes, you can. However, there are a number of laws, regulations and practical factors to consider. The first thing to deliberate is legal authority. Under 18 United States Code Section 3583(e), the Court has authority to grant early termination after the expiration of one year of supervised release, pursuant to provisions of the Federal Rules of Criminal Procedure relating to the modification of probation. This is only if it is satisfied that such action is warranted by the conduct of the defendant released, as well as the interests of justice.
To be eligible for termination of supervised release, the defendant must meet a two-prong test establishing the termination is warranted by “the conduct of the defendant” as well as “the interest of justice,” according to 18 United States Code, Section 3583(e)(1).
What Criteria Must be Met?
In 2003, the Judicial Conference Committee on Criminal Law created a list of criteria for the court’s consideration of early termination of supervised release.
The list is as follows:
- Stable community reintegration (ex: residence, family, employment, etc.)
- Progressive strides towards supervision objectives and compliance with ALL conditions of supervision
- No aggravated role in the offense of conviction, particularly large drug or fraud roles (ex: leader, maintaining a drug house, etc.)
- No history of violence (ex: sexual assault, domestic violence, aggravated assault with a deadly weapon, etc.)
- No recent arrests or convictions or ongoing uninterrupted patterns of criminal conduct
- No recent evidence of alcohol or drug abuse
- No recent psychiatric episodes
- No identifiable risk to the safety of any identifiable victim
- No identifiable risk to public safety based on the Risk Prediction Index
What Does This Mean?
Simply put, this means you must have done everything asked of you while on supervised release. For example, if you had to pay restitution, you must make sure it is paid off, or if you had to take a class, you must make sure to take it. Additionally, maintaining a good relationship with your officer is more than ideal--it is essential. If your officer is on board with you getting off Federal Supervised Release early, the process will go a lot smoother.
If you want to get off supervised release, consider doing the following:
- Pay the fine, court costs, and restitution
- Take the required classes, treatment, and therapy
- Do not pick up new criminal charges or test positive on drug tests
- Maintain a job
- Make positive strides towards reintegration into the community
- Maintain a good working relationship with your officer
- Keep copies of all your paperwork
- Lastly, contact our Dallas criminal defense lawyers of the Law Office of Patrick J. McLain, PLLC to successfully advocate on your behalf with ease
Contact Our Dallas Criminal Defense Lawyers Today
Are you seeking to get released off federal supervised release early, and don’t know who you can rely on to help you through this process? Our trusted legal team of the Law Office of Patrick J. McLain, PLLC is comprised of experienced, skilled, and dedicated Dallas criminal defense lawyers. With our firm on your side, you will have peace of mind you are in the hands of a former federal prosecutor who is relentlessly fighting for your freedom--enlist in our help today.
Don’t hesitate to call us at (214) 238-9392 or visit our law office at 900 Jackson Street, Suite 635 Dallas, Texas 75202.