San Diego Compassionate Release Lawyers
Sound Legal Advice and Guidance Throughout the Process
Was your loved one sentenced to prison, but you feel that their current situation justifies an early release? If so, you may be able to seek compassionate relief, which is a post-conviction vehicle that allows you to file a motion for a reduction in sentence. To be considered for early release, your loved one must meet specific criteria. Your application will be reviewed by the prison warden, the Bureau of Prison's (BOP) Office of General Counsel, and the BOP's Director. Each must be convinced that "extraordinary or compelling" circumstances exist, warranting a reduction in sentence. This means that you must submit a persuasive document. How do you do that? The most effective way is with the help of a skilled lawyer.
At the Law Office of George Gedulin, our team has over 4 decades of combined experience. We have handled numerous cases and know how to develop and deliver compelling arguments. Our San Diego attorneys will help you understand the process of compassionate release and will provide sound legal advice and guidance at each step. We understand that you are seeking a solution focused on your loved one's health and best interests, which is why we will work toward a favorable outcome on your behalf.
Want to learn more about seeking early release and how we can help? Call us at (858) 281-4605 for a free consultation.
What Is Compassionate Release?
Under 18 U.S.C. § 3582, federal prisoners can file motions for a reduction of their sentences if "extraordinary or compelling" reasons that did not exist at the time of their sentencing are present and warrant a modification of their terms. This is referred to as compassionate release.
Unfortunately, filing for compassionate is not easy, and the BOP will consider only applicants who meet specific criteria.
The eligibility requirements for early release are based on medical and non-medical situations, and include:
- Terminal disease: An inmate must have been diagnosed with a terminal disease after they were sentenced. The condition must be one that gives the inmate only 18 months or less to live.
- Elderly inmate: If an inmate is 70 years of age or older and has served 30 years or more of their sentence, they may be considered for an early release. Inmates 65 years of age or older who have a chronic or serious illness may also qualify for compassionate release.
- Incapacitation or death of family caregiver: If an inmate has a minor child or children and their primary and only caregiver becomes incapacitated or dies, the inmate can apply for early release. Relief may be granted of the inmate is the only person who can provide care for their child or children.
- Incapacitation of spouse: If an inmate is the only person who can serve as the caregiver for their incapacitated spouse, they may be considered for a reduction in sentence.
When filing an application for compassionate release, you must provide documentation demonstrating that your loved one qualifies under one of the above provisions. Our San Diego lawyers can help gather and submit the necessary paperwork.
Additional Factors Considered
The prison warden, General Counsel, and BOP Director will review motions for compassionate release to determine whether or not the inmate meets the qualification criteria, but they will look at other factors to decide if the request should be granted. The aim of these entities is to ensure those convicted of crimes serve their sentences, which means they are meticulous when examining early release applications.
The following factors will be considered during the application review:
- Nature of the offense for which the inmate was convicted
- Inmate's criminal history
- Comments made by victims
- Unresolved detainers
- Violations of supervised release conditions
- Adjustments to the institution
- Disciplinary infractions
- Inmate's personal history
- Prison sentence length and time served
- Inmate's current age and age at the time of the offense
- Early release plans
- Effects of release on the seriousness of the offense
In addition to the factors listed above, the BOP will also consider whether or not releasing the inmate will pose a substantial risk to the safety of the community.
Discuss Your Legal Options with the Law Office of George Gedulin
Are you considering filing for compassionate release for your loved one? Speak with our San Diego lawyers during a free consultation to learn more about this mechanism for a reduction in sentence. We're here to answer your questions and help you through the process.
16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
Felony Domestic Violence Arrest All criminal charges dismissed
After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.
Felony Gun Possession, Felony Child Abuse Charges Dismissed
Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.
Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.
Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.
Restraining Order, Accusations of Sexual Assault Case Dismissed
Defense Victory at trial for restraining order, Judge dismissed complaint against client, finding victims allegations and testimony not-credible.
Shoplifting from Naval Commissary Case Dismissed
Case Dismissed, record sealed in Federal Court
Welfare Fraud No Custody, Case Dismissed Following Probation
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,
½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.