Has your situation changed since your federal sentence was imposed in Mount Pleasant, South Carolina? You may qualify for compassionate release. Contact Elizabeth Franklin-Best P.C. for an initial consultation at (803) 445-1333. Our experienced Mount Pleasant federal compassionate release lawyers can help you look into your legal rights and options for having your sentence reduced if at all possible.
Our law firm has 43 years of combined experience in federal criminal defense, and compassionate release is a central part of what we do. We understand the legal standards and procedural requirements that these cases involve on a level that is virtually unmatched across the country. Give us a call today or message us online for more information.
Why Hire Elizabeth Franklin-Best P.C. for My Federal Compassionate Release Case in Mount Pleasant, South Carolina?
Compassionate release motions aren’t like typical criminal defense work in that there is no trial and no jury. Oftentimes, these cases are won or lost based on the quality of the written motion and how well the lawyer frames the circumstances to meet the court’s legal standards. At Elizabeth Franklin-Best P.C., compassionate release is not something we handle on the side. It is a core focus of our practice.
When you hire our legal team in Mount Pleasant, SC, you get:
- A legal team with decades of combined experience in federal criminal defense
- Attorneys who have successfully handled compassionate release cases from start to finish
- Deep familiarity with Fourth Circuit precedent, including landmark decisions that directly shape how these cases are decided in South Carolina
- The ability to build a thorough, well-documented motion supported by robust evidence
- A firm that treats every case with the urgency and attention it deserves, because we understand what is at stake
A well-prepared motion stands out, and so does a poorly prepared one. Our Mount Pleasant federal criminal defense attorneys bring the kind of focus and attention to detail that these cases require. Contact us today to learn more about your case and what we can do to help.
What Is Federal Compassionate Release?
Federal compassionate release allows a court to shorten an existing prison sentence when the circumstances call for it. The legal authority comes from 18 U.S.C. § 3582(c)(1)(A), a provision that was significantly expanded by the First Step Act of 2018.
Before the First Step Act, only the Bureau of Prisons could ask the court to grant compassionate release, and it rarely did. The First Step Act changed that by giving incarcerated individuals the right to file their own motions directly with the sentencing court, as long as they first go through an administrative exhaustion step.
Since that change, compassionate release has become one of the most active areas of federal post-conviction litigation. Courts across the country have received thousands of these motions in just the past few years alone.
The Administrative Exhaustion Requirement
Before a motion can be filed in court, the incarcerated individual must first submit a written request to the warden of their facility. The statute then provides two ways to satisfy the administrative exhaustion requirement:
- Fully exhaust all administrative appeal rights within the BOP
- Wait 30 days from the date the warden received the request, regardless of whether the BOP responds
Whichever happens first opens the door to filing in federal court, but note that this step is not optional. If it is not properly completed, the court can dismiss the motion on procedural grounds before ever reaching the actual merits.
Our defense attorneys can help make sure this process is handled correctly on your behalf so that no time is lost.
What Qualifies as “Extraordinary and Compelling Reasons”?
This is the most important question in any compassionate release case. The court must find that extraordinary and compelling reasons exist before it can reduce a sentence. The Sentencing Commission’s policy statement at USSG § 1B1.13, updated in November 2023, lays out several recognized categories.
Medical Conditions
This covers terminal illnesses with a life expectancy of 18 months or less. It also may apply to serious conditions that significantly limit the individual’s ability to care for themselves in a prison setting and for which recovery is not expected. Lastly, it also includes situations where the BOP cannot provide the level of medical care the individual needs.
Age-Related Decline
Individuals who are at least 65 years old and experiencing worsening physical or mental health due to aging may qualify. However, this is provided that they have served at least 10 years or 75% of their sentence, whichever is less.
Family Circumstances
This applies when the caregiver of the individual’s minor child has died or become incapacitated. It could also apply if the individual’s spouse has become incapacitated and the incarcerated person is the only one available to provide care.
Victim of Abuse in Custody
Added in the November 2023 amendments, this ground covers individuals who have been abused while in BOP custody.
Unusually Long Sentences
Also introduced in 2023, this category applies when someone has served at least 10 years, and a change in the law has created a major gap between the sentence they are currently serving and what they would likely receive if sentenced today. This has been relevant for individuals convicted under older mandatory minimum laws that have since been reformed.
Changes in Law Combined With Other Factors
Courts may also look at nonretroactive changes in sentencing law alongside other circumstances when deciding whether extraordinary and compelling reasons exist. How much weight this carries depends on the circuit, but the Fourth Circuit Court of Appeals has shown a willingness to consider it in the right case.
The Role of the § 3553(a) Sentencing Factors
If a court finds that extraordinary and compelling reasons exist, that alone does not guarantee a compassionate release. The court must also consider the sentencing factors laid out in 18 U.S.C. § 3553(a) before deciding whether a sentence reduction is appropriate. In fact, these factors are one of the most common reasons courts deny compassionate release motions.
The § 3553(a) factors include things like:
- The nature and seriousness of the original offense
- The individual’s personal history and characteristics
- The need to protect the public from further crimes
- The need for the sentence to reflect the seriousness of the offense and promote respect for the law
- The kinds of sentences available and the applicable sentencing guidelines
- The need to avoid unwarranted sentencing disparities among similarly situated defendants
A successful compassionate release motion does not ignore these factors. Instead, it addresses each one head-on and explains why a reduced sentence still serves the goals of justice. Our compassionate release attorneys know how to weave this evidence into a compelling narrative that gives the court confidence in granting relief.
What Happens After My Compassionate Release Motion Is Filed in Mount Pleasant, SC?
Once the motion is filed with the sentencing court, the government has an opportunity to respond and will frequently oppose it. From there, the court may hold a hearing or decide the motion based on the written filings alone. There is no guaranteed right to a hearing, which is another reason why the quality of the written motion is key.
If the court grants the motion, it can reduce the sentence to time served and release the individual. Alternatively, it can impose a period of supervised release for the remainder of the original sentence. The specific terms of release will depend on the facts of the case and any conditions the court sees fit to impose.
If the motion is denied instead, an appeal to the Fourth Circuit may be possible. However, appellate courts review these decisions under an abuse of discretion standard. This means overturning a denial is difficult, though not impossible.
Contact Our Mount Pleasant Federal Compassionate Release Attorneys for Legal Help
If you believe you or your loved one may qualify for federal compassionate release in Mount Pleasant, SC, the most important step you can take right now is reaching out for legal guidance. These cases require careful evaluation and a deep understanding of both the legal standards and the practical realities of the federal system.
Elizabeth Franklin-Best P.C. has 43 years of combined experience and is led by one of the most well-regarded federal criminal defense lawyers in the country. Contact our Mount Pleasant federal compassionate release attorneys today to get started with your case. We’ll do everything in our power to help you achieve a favorable outcome from the moment you decide to hire us to represent you.
