In challenging conditions already imposed, you must essentially treat this as a reverse sentencing, showing the condition does not comply with the release statute. Courts have broad discretion to impose conditions that are related to one of the following:
(1) the characteristics and nature of the offense;
(2) preventing more crime;
(3) protecting the public; and
(4) providing you needed services or treatment.
There have been talks since December 21st of last year regarding the government shutdown. Is it the fault of the President and his wall or Nancy and Chuck’s position on not giving anything to get something? Either way, no matter whose at fault, the shutdown is affecting over 800,000 federal employees. What it doesn’t take into account is the millions of others it is affecting as well.
Continue reading “Steak and Shrimp and LOTS and LOTS of Lies”With the overwhelming focus on prison, few defendants think about supervised release(and almost no lawyers discuss it with them) until they are about to end their term of imprisonment. Once the conditions they are expected to follow are laid in their hands, and the realization of what they are about to face hits (especially for sex offenders), only then do offender truly think about what they signed up for. If this is you, and you’re despairing about how difficult release may be, all is not lost.
Continue reading “How to Petition to Modify Your Supervised Release Conditions”We have a lot to talk about in this week’s newsletter. First off, as we mentioned last week, there was a case in Illinois in which an inmate at a halfway house had filed a 2241 motion trying to get his release from halfway house due to the good time fix. Unfortunately, the court denied him relief. In it, they stated that section 102(b)(2) of the First Step Act states that this subsection will not go into effect until after the Attorney General releases the risk assessment system. Continue reading “PREA, First Step and Other News”
We’ve had several people ask for a breakdown of the First Step Act and so I figured this week I would highlight the portions that would apply to most of us (sex offenders). Thanks to our friend Brandon Sample at www.sentencing.net, he has assisted us with some of these tasks. Below is a simple question and answer that hopefully will assist in answering some of those questions.
As a New Year dawns, it struck me as a fun mental exercise to examine an old precept and determine if it is valid (long standing tradition may mean that something is so sound it cannot be improved-hence its longstanding-or merely that it is so sold it is unquestioned, and stands merely on that fact.) One of our oldest tenets, taken as unassailable, is that ignorance of the law is no excuse. But is this really a solid premise? Continue reading “A New Year’s Take on an Old Law”
