How to File for Early Termination of Federal Probation

Federal Probation - Approval StampWe’ve made many posts on our blog about the factors that help or hurt when asking the courts to cut terms of federal probation short. This post specifically addresses how its done, and the most common questions we hear about the process.

Filing A Request for Early Termination of Federal Probation

When filing a motion in court, all parties involved in the case must get a copy of the document. In this case, the document is a motion asking the court to cut a term of probation or supervised release short. Criminal cases have only three parties:

  1. The Court;
  2. The Defendant; and,
  3. The Prosecutor’s office.

So, when a defendant is ready to file, two other parties need copies: the Court and the prosecutor. To file with the court, just address the envelope to the Clerk of the Court and try to find the Clerk’s room number online to get it there easier. For the prosecutor, a specific addressee is good, but sending your motion addressed only the Office of the United States Attorney will normally do the trick. (Locate your United States Attorney’s Office)

Side note: While its not required to submit a copy of the motion to the federal probation office, its a good idea to do so as a courtesy.

Mouse-over here for a pro tip!

 

Filing Fee

Here’s some good news for you. An open criminal case requires no fee to file motions. The government opened the case file, so any documents that come after the initial complaint don’t cost anything.

Envelopes and stamps, however, are another story. These are not provided free of charge by the court. Sorry.

Mouse-over for pro tip #2! 

Certificate of Service

When filing documents in a court case for small claims, county, and state courts, all parties involved must get a copy of the filing being put on the docket. Same goes for federal court. However, there is one big difference.

In a federal probation case, a Sheriff or service doesn’t have to be used to deliver the documents to all parties. There are many reasons for this, but they aren’t really important. The point here is that a defendant can mail all the copies out and not have to pay a service to legally do it for them. To make this work, and document called a “Certificate of Service” must accompany all documents that are intended to be filed.

When a motion to terminate a term of federal probation, the certificate of service goes with each envelope. One to the prosecutor, one to the clerk of the court. If you get in touch, we’ll even e-mail you an example of a Certificate of Service you can use.

Mouse-over for pro tip #3

 

The Motion

There are far too many issues to delve into when it comes to writing a motion like this here, and each motion and issue is personal. Fill-in-the-blank motions aren’t very effective because there are eight laws and nine policy factors that go into a single decision a judge makes about modifying a defendant’s sentence.

Don’t be fooled by the seemingly small nature of this request. Ending a term of federal probation before its natural expiration is, legally, a sentence reduction and judges take those seriously. You can read up on some of our posts regarding what judges look at in these types of motions here, here, and here. Look to the upper right to read all our blog posts regarding federal probation and supervised release, but those three are good to get started.

What We Do

Here at PCR Consultants, we know how to do it all. We do the heavy lifting so you don’t have to become an expert in all the things you just read about. If you choose to file a request to federal court yourself, you now have the tools to do it. That is, assuming, that you crafted a legally sound, well argued, correctly formatted motion that won’t get dismissed for a technical fault (like applying before the one-year point)

Our service is simple. We put together all the paperwork like any other document preparation service, except we don’t do Wills or Divorces. We do Federal Probation and Supervised Release. Get in contact to find out how we can help.

 

Ending Federal Probation in the Age of Sequestration

Update: 4/21/14

It seems as though Sequestration changed the way many probation departments handled early release requests. For most of Summer/Fall 2013, probation officers were ending federal probation early for their supervisees on their own request. However, it seems that this trend is waning and there is a heightened need for do-it-yourself motions. E-mail us or give us a call to find out how to do this!

Ending Federal Probation Early – The New Game

The topic of the federal budget sequestration hasn’t arisen much in the news much since early Spring. However, it is important to know that these distasteful budget cuts are still in effect, and will seemingly remain in effect for the near future.

In a time where government budgets are stretched, nowhere is this more apparent than in the federal justice system. Dated August 13, 2013 a letter was sent to congress signed by 87 Chief District Judges that dealt specifically with the budget cuts the Sequestration has made to the federal judiciary.

Here’s the most interesting part for those seeking federal probation termination:

“As a result of sequestration, funding allocations sent out to court units were cut 10 percent below the fiscal year 2012 level. Clerks of court and probation and pretrial services offices will downsize by as many as 1,000 staff during fiscal year 2013 due to this reduction in funding. Staffing in these same offices has been reduced by nearly 2,100 staff between July 2011 and July 2013, representing a 10 percent staffing loss to the Judiciary over this two-year period. Our current staffing level is the lowest it has been since 1999 despite significant workload growth during this same period of time. In addition to downsizing, the courts have already incurred 4,500 furlough days as of June 2013, and an additional, 4,100 furlough days are projected by the end of the fiscal year.”

. . . and later:

“Funding cuts to the Judiciary have also put public safety at risk. The Judiciary employs nearly 6,000 law enforcement officers—probation and pretrial services officers—to supervise individuals in the community after they have been convicted of a crime and subsequently released from prison, as well as defendants awaiting trial. The number of convicted offenders under the supervision of federal probation officers hit a record 187,311 in 2012 and is on pace to reach 191,000 by 2014. At a time when the workload in our probation and pretrial offices continues to grow, budget cuts have reduced funding allocations to these offices by 10 percent. Staffing in probation and pretrial services offices is down nearly 600 (7 percent) since 2011.”

Hit ‘Em Where it Hurts

No matter the political leaning of a specific judge, the fact that 87 out of 94, or 92.5%, Chief judges signed this letter1 shows that budget problems have their attention.

The one place judges can agree, and where a probationer (or those on federal supervised release) can focus on, is the Court’s pocketbook. Want to hit ’em where it hurts? Try the wallet.

 

PCR Consultant’s Probation Termination service

This, like many other current issues that affect the federal courts, is used to its maximum effectiveness in each of our client’s services. When the goal is ending federal probation early, using as many arguments like this as possible only helps. If you want to get started on the road to terminating federal supervised release early, click here.

  1. When, as federal district judge Richard G. Kopf (NE) said in this article about the letter “As a former Chief District Judge, I know that you can almost never get 87 Chief District Judges to agree about when the sun comes up. The fact that 87 of them wrote the foregoing letter to Congress ought to make clear that the federal district courts are inches away from disaster. Congress is on the brink of intentionally wrecking the federal trial courts. Will sanity prevail?” []