Texas Compassionate Release Lawyer
San Antonio Criminal Defense Attorney for Release from Federal Prison
In recent years, advocates for civil liberties have worked to bring people’s attention to the large numbers of people in prisons throughout the United States. Regardless of the circumstances that led to imprisonment, many inmates work to pay their debts to society, secure a release, and return to life outside of prison. Compassionate release is one option that may be available to some federal prisoners, allowing them to receive a sentence reduction or an early release. When applying for release under this program, it is essential to work with a criminal defense attorney who has experience representing clients in these types of cases.
At The Law Offices of Sam H. Lock, we provide representation in federal criminal cases in the Southern District of Texas, the Western District of Texas, the Northern District of Texas, and the District of Colorado. With 20 years of experience, Attorney Sam Lock understands the procedures that must be followed when applying for compassionate release, and he can advocate for you and your family in these situations.
What Is Compassionate Release?
The Compassionate Release Program allows federal prisoners to obtain immediate release due to “extraordinary or compelling circumstances” that could not have been reasonably foreseen when the prisoner was originally sentenced. The process of applying for compassionate release involves filing requests with the Federal Board of Prisons (BOP) and the sentencing courts. The First Step Act of 2018 expanded the options available to prisoners, and if requests are denied by the BOP, and the process of administrative appeals has been exhausted, a prisoner may file a request directly with the sentencing court.
Compassionate release may be granted for one of the following reasons:
- Medical conditions - An inmate may request a reduction in sentence if they suffer from a terminal, incurable illness, and they have a life expectancy of 18 months or less. An inmate may also qualify for early release if they have a “debilitated medical condition” in which they cannot fully care for themselves and are confined to a bed or chair at least 50% of the time. Any cognitive disabilities, such as Alzheimer’s disease or reduced mental capacity due to brain trauma, may also be considered.
- Elderly inmates - A reduction in sentence may be appropriate for an inmate over the age of 65 who has been in prison for either 10 years or 75% of their sentence. Inmates over the age of 65 may also be eligible for early release if they have served at least 50% of their sentence, have chronic medical conditions resulting from their age, have experienced deteriorated physical or mental health, and do not expect substantial improvement to their condition through conventional medical treatment.
- Family-related issues - An inmate may apply for early release because the death or incapacitation of a family member who cares for the inmate’s minor child has left the child without a person to provide ongoing care. A reduction in sentence may also be appropriate if an inmate’s spouse or domestic partner has become incapacitated due to a serious injury, debilitating physical illness, or cognitive impairment, and the inmate would be the only person who could provide care for their partner.
Requests for compassionate release are carefully reviewed to ensure that the early release of a prisoner will not put the public at risk. The BOP and the sentencing courts will consider factors such as the nature of the crimes committed, statements from victims, the person’s criminal history, the length of the sentence and the amount of time served, any disciplinary infractions, and the inmate’s plans to obtain employment and meet their financial and medical needs upon release.
Contact Our San Antonio, TX Federal Criminal Defense Lawyer
The Law Offices of Sam H. Lock can help you understand your options for pursuing compassionate release. We will work with you to determine whether your circumstances qualify as “extraordinary or compelling,” and we will provide you with representation throughout every step of the process. To schedule a free consultation and learn more about how we can help, contact us or call our San Antonio office at 210-226-0965.