How to File – Writing The Motion

Previously, in this post, the filing procedures were discussed in detail to ensure any pro se  filers for early termination of federal supervision stay on the correct side of policy and procedure.

In this post, we’ll delve into the actual meat of the motion document. From answering questions like, “Why is a Motion important?” to discussing statutory factors in general, this post will be a road map for any and all comers who want off of their federal supervision early.

Why Is Motion Format Important?

Many federal probationers want to get off supervision (supervised release or probation) early. Inside prison walls, inmates are full of information about getting free before a probation sentence’s natural expiration. Most of this information is mis-informed. Do you have to do half of your time first? Sometimes, but not always. Can you file for yourself? Yes, if you know what you’re doing.

That is why you’re reading this tutorial, right?

Writing a letter to the judge can work. Sometimes. However, a simple letter to your sentencing judge leaves the door open to being ignored. A judge can ignore a letter. A just cannot legally ignore an official motion. Even if that motion is filed by the defendant, pro se.

So, for starters, doing it right means filing a real motion. Formatting, case number inclusion, and statutory citations included.

Getting Started – Heading and Title

Public Access to Court Electronic Records

Public Access to Court Electronic Records

Start with the basics. The top of the document needs to contain the court of record. If you were sentenced in the district court for the Central District of Ohio, then address it as such. Next is the party list: United States of America v. You. Then your case number. Find any filing from your attorney back during pretrial for an example of what this looks like and your case number.

Mouse-over for a pro tip! 

Now comes your document title, normally: Motion for Early Termination of Defendant’s Supervised Release Term, or something similar.

The First Paragraph(s)

After the administrative formalities are handled, your first paragraphs are still pretty standard. Start by telling the judge who you are, what you want, the law that allows him to give you what you want, and what you don’t want. Paraphrased, this goes like this:

“COMES NOW [your name in all caps], in pro se before this Court to respectfully petition for early release from federal supervised release as allowed by Title 18 of the United States Code §3583(e)(1). No hearing is sought in this matter per federal rules of criminal procedure 32.1(c)(2)(B).”

Those law and procedure citations are real, not filler. Copy that paragraph ver batim if you wish, it’ll work just fine as long as you insert your real name and don’t call yourself [your name in all caps].

Your next paragraph is a brief history of your case. Give a summary of the case so far, including sentencing district, sentencing date, sentence details, and supervision length. End it with the date your probation/supervision began.

The Arguments (the MEAT of the Motion)

After all the admin stuff is handled, start your arguments. Use policy factors including Sentencing Guidelines policy, and how those policies have changes for your crime (or crime category) since you were initially sentenced. If they’re reduced (and most of them are), argue that your sentence would have been shorter if you were sentenced today.

Find some studies that show how low risk you are to commit new crimes. Use statutory law from Title 18 §3553(a), the sentencing factors used to justify your original sentence, to argue that they no longer apply. Google some cases from your Circuit Court that specifically addresses circuit precedent on requests for early termination of supervision. Be creative.

Finally, show some progress. Court’s like nothing more that to feel like you’re fixed, and that it was the Court that fixed you. Did you complete drug treatment? Mention that. Have you had 3 jobs for the last 2 years and never missed a day? Mention that. Do you have a family that supports your new law-abiding life? Hammer on that.

Make the case, and do it well.

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 today to find out how we can help.

 

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.