When a defendant has been convicted and sentenced to a term of imprisonment, federal law allows for the possibility of an early release. In 2018, the First Step Act was signed into law to improve the criminal justice system and reduce the federal prison population. A defendant may be released from custody prior to the completion of their sentence if they meet the criteria for compassionate release as established under federal law.
First, a court may grant a defendant’s motion for a compassionate release only if the motion was filed after the defendant has fully exhausted all administrative rights with the Bureau of Prisons. Next, with administrative rights exhausted, the court may reduce the defendant’s sentence if each of the following conditions apply: compelling or extraordinary circumstances specific to the defendant warrant such a reduction; the Bureau of Prisons has determined that the defendant is not a danger to society; and the reduction is consistent with the policy of the Federal Sentencing Guidelines.
Our attorneys have filed many motions for compassionate release and have had success in securing clients’ release. Our experience in this specific area of criminal defense can be the difference.