The fork in the road: a Minnesota federal compassionate release lawyer explains
If you or a loved one is serving time in prison for a federal offense, in seeking out relief you may have heard of the term “compassionate release”. Despite the word “compassionate” being in the name, this is not a situation where a judge decides whether to be compassionate or not. A compassionate release petition requires strategy and legal acumen to be able to convince a judge to grant compassionate release. The most important thing to know at a big picture level is that there are only two roads to take in crafting a successful compassionate release petition.
The fork in the road: 70 years old or extraordinary and compelling circumstances
The compassionate release process is governed by 18 U.S.C. 3582. There are two ways to petition the court for compassionate release. First, if you are over 70 years old, have spent more than 30 years in prison, and the Bureau of Prisons has determined that you are not a danger to any other person in the community. Second, extraordinary and compelling reasons warrant a reduction in sentence. Most people who are seeking compassionate release are in the second category because of the age and years in prison qualifications exclude most prisoners. But the second category is much more difficult to win. Most judges lean heavily on the requirements being “extraordinary” and are eager to dismiss compassionate release petitioners for good people with understandable problems. This is why it is important that you hire a skilled criminal defense law firm that is knowledgeable about federal appeals and post conviction relief. This can make all the difference in the world in a compassionate release motion.
Conclusion
If you or a loved one are seeking compassionate release, contact Subzero Criminal Defense for a free consultation. 651-248-5142. Subzero is the law firm built to handle the difficult season.