COVID-19 RELEASE FROM FEDERAL CUSTODY
Eligibility for Pretrial Release, Compassionate Release & Release to Home Confinement
COVID-19 poses a heightened threat in jails and prisons and is especially destructive among the incarcerated population.
Individuals in federal custody who are in pretrial detention or serving a sentence at a federal institution should consult with an experienced federal criminal defense attorney to determine whether they are eligible for release under the laws, in response to the pandemic.
COVID-19 PRETRIAL RELEASE
What is required for Pretrial Release?
Pretrial release of a defendant turns on bail factors including: the seriousness of the crime(s) charged, whether the defendant is a flight risk, his/her ties to the community, and whether they pose a danger to the community.
Although typically a defendant in pretrial detention is held in custody through disposition/trial and sentencing, he/she may petition the court for release if there are “changed circumstances”.
For more information about eligibility for pretrial release,
COVID-19 COMPASSIONATE RELEASE
What is Compassionate Release?
“Compassionate Release” means the early release of an inmate who is serving a sentence at a BOP institution for a federal offense.
Under compassionate release laws, a sentencing court may reduce the term of imprisonment and immediately release an inmate by reducing the minimum term to time served. According these laws, the BOP may grant “Compassionate Release” to an inmate due to an “extraordinary and compelling reason not foreseeable at the time of sentencing.”.
For more information about eligibility for compassionate release in light of the corona virus pandemic
COVID-19 FIRST STEP ACT
Under the 2018 First Step Act, the BOP can transfer certain low risk, elderly or terminally ill inmates from institutions to home confinement. The CARES Act passed by Congress on March 27, 2020 expands the BOP’s authority to maximize the period of time an inmate can typically serve on home confinement.
For more information about eligibility for home confinement, in light of the corona virus pandemic contact our office for a free consultation.