Federal Court Early Termination of Supervision
Early termination of probation or supervised release means asking the court to terminate the period of supervision before the court ordered term has expired. For instance, if a federal court ordered a person to serve 24 months on probation, a motion for early termination of probation would request that probation be terminated successfully after only 12 months. In federal court, most offenses are not eligible for expungement, so early termination of supervised release is the only option (apart from a presidential pardon) to move forward from the conviction. The Law Office of David Reagan represents clients in the Northern and Eastern Districts of California for early termination of probation and supervised release.
What is unique about early termination in federal court?
Under 18 U.S. Code § 3564, a judge may terminate probation at any time for a misdemeanor or infraction, while in a felony case a year of probation must have passed before the request can be made. The court will grant the motion if it is "satisfied that such action is warranted by the conduct of the defendant and the interest of justice."
Under 18 U.S.C. Section 3583(e), a judge may terminate supervised release "after the expiration of one year of supervised release . . . and if it is satisfied that such action is warranted by the conduct of the defendant released and the interest of justice." The court will also consider the factors listed in 18 U.S.C. § 3553(a)(1)- (a)(7) when determining whether the motion should be granted. These are the sentencing factors, which include the severity of the offense and the person's criminal history.
In short, for either early termination of probation or supervision, the person must have good conduct while supervised and the interests of justice should favor termination. Some common interests of justice include personal hardships, professional hardships, and excellent conduct.
What is the procedure?
A motion must be filed with the court, and it should include a declaration explaining the good conduct of the person while supervised and the reasons why supervision should be terminated early. Support/character reference letters should be included if possible.
After the filing of the motion, the court will either grant the motion without a hearing (which is common if the probation department or U.S. Attorney do not have an objection), deny the motion, or hold a hearing for argument on the motion.
If the person on probation or supervised release has a good relationship with the supervising officer, sometimes that officer supports early termination and can either file their own request for termination or agree to support a lawyer's request. Although not necessary, it is helpful to have the supervising officer's support in advance.
The Law Office of David Reagan handles early termination cases in the Northern District of California and the Eastern District of California.
