Compassionate Release Lawyers Daytona Beach, FL
Seeking Compassionate Relief in Florida?
When you seek compassionate release of a loved one who is near the end of their term of imprisonment, you are asking a judge to reconsider and reduce their sentence. And while there might be extenuating circumstances that you and your loved one feel warrant an early release, the U.S. Bureau of Prisons (BOP) will be focused on its goal of ensuring people serve their time for a criminal conviction. These two conflicting goals can make the process of obtaining compassionate relief challenging and frustrating. That is why it is important to have a lawyer help you from the start.
When you seek a reduction in your loved one's sentence, you must convince various individuals that such relief is justified. This requires writing a compelling proposal that would help the Warden, General Counsel, and BOP see that your loved one's situation is such that they should be granted compassionate release. At Hager & Schwartz, P.A., our Daytona Beach compassionate release attorneys have nearly 50 years of combined experience. We understand the laws, rules, and policies concerning this post-conviction relief option, and we are here to guide you every step of the way.
To discuss your loved one's situation with our Daytona Beach compassionate release lawyers and learn more about the process for seeking a reduction in sentence, call us at (386) 693-1637. Your initial consultation is free.
Motion for Compassionate Release in Florida
Federal law provides that an inmate may seek compassionate relief or a reduction in sentence when "extraordinary or compelling circumstances" exist. These circumstances are those that did not exist at the time the defendant was sentenced. Their emergence warrants another look at the inmate's term of imprisonment.
You may file a motion for compassionate relief on behalf of your loved one based on:
- Medical circumstances: If your loved one is suffering from a terminal illness that was not diagnosed at the time of sentencing, a reduction in their sentence may be considered.
- Age: An early release may be granted if your loved one is 70 years of age or older and has served at least 30 years of their prison term. You may also seek compassionate relief if your loved one is 65 years of age or older, has a serious medical condition, and has served at least half of their sentence.
- Death or incapacitation of family member caregiver: If your loved one has a child (or children) and their family member caregiver is unable to care for them because of incapacitation or death, an early release should be considered.
- Incapacitation of spouse or partner: You may seek a reduction in sentence for a loved one whose spouse or partner has become incapacitated and your loved one is the only person who can provide care for them.
The Process of Seeking Compassionate Release in Florida
If you are looking to file a motion for a reduction in your loved one's sentence, there are various processes you must go through. You must submit your request to the warden. The application must include information about the reason you are motioning for compassionate release and the proposed release plans (for example, how your loved one will support themselves and where they will live).
If the warden feels your request warrants further consideration, they will send it to the Office of General Counsel. After the Officer of General Counsel reviews the application, it may send its recommendation to the Director of BOP.
At each stage in the process, the request will be evaluated based on numerous factors, including, but not limited to:
- Nature of the offense
- Criminal history
- Disciplinary actions
- Length of sentence and time served
- Release plans
Any of the individuals to which the request is forwarded to may issue a denial. This is why it is crucial to file a well-articulated motion from the start. Our Daytona Beach compassionate release attorneys can help do that.
Speak with Our Daytona Beach Compassionate Release Attorneys Today
Do you have questions about the process of seeking early release for your loved one? Reach out to Hager & Schwartz, P.A. We'll review your loved one's situation and provide honest and straightforward answers about your case.
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