If you or a loved one is serving time in federal prison, you may be eligible for compassionate release. Contact Elizabeth Franklin-Best, P.C. for an initial consultation at (843) 620-1100. Our federal compassionate release lawyers are here to help you understand your rights.
Our firm has 43 years of combined experience helping clients in cases like these. To date, our nationally respected lawyers have successfully represented clients across the United States in complicated federal sentencing and post-conviction matters.
We can provide some preliminary legal advice during your consultation. Call our federal criminal defense lawyers today to learn more.
Why Hire Elizabeth Franklin-Best, P.C. for My Federal Compassionate Release Case?
Few law firms in the nation have the experience and success rate that Attorney Elizabeth Franklin-Best and the rest of our team bring to federal compassionate release matters. You can count on us to assist you with your case, regardless of its complexity.
We’ve received countless awards and accolades across the country for our outstanding legal services in this legal practice area. Our founder is also a frequent speaker and author on federal criminal defense reform, known for her strategic insight into how sentencing law continues to evolve.
When you hire our federal criminal defense attorneys for your case, you gain:
- Proven experience handling federal compassionate release and sentence reduction cases nationwide
- Comprehensive representation from initial filing through appeals, including all of the communications with the government
- A compassionate, client-centered approach that treats each case as personal and urgent
- An unmatched track record of success in having clients released or resentenced
At Elizabeth Franklin-Best, P.C., we know that every day matters when your freedom is on the line. We’ll work as hard as possible to help you achieve a favorable outcome, as the law permits. Contact our federal compassionate release lawyers today or reach out online to schedule a consultation and get started.
What Is Compassionate Release?
Compassionate release is a mechanism under federal law that allows a court to modify a prison sentence under exceptional circumstances. It is governed by 18 U.S.C. § 3582(c)(1)(A), which permits a federal judge to reduce a sentence if there are “extraordinary and compelling reasons” that justify doing so.
Historically, only the Bureau of Prisons was authorized to file a motion for compassionate release. However, the First Step Act of 2018 changed that rule. Now, incarcerated individuals themselves can petition the court directly under certain circumstances. For example, they must have first submitted a request to the BOP and either exhausted administrative remedies or waited 30 days.
This change has opened a critical legal avenue for thousands of federal inmates that was not previously available. For more information about the current legal framework, we encourage you to contact our law offices as soon as possible.
What Qualifies as “Extraordinary and Compelling” Circumstances?
The phrase “extraordinary and compelling” is based on several categories of qualifying situations.
These circumstances are outlined in U.S. Sentencing Guidelines § 1B1.13 and include:
- Serious medical conditions: Conditions that substantially diminish the ability to provide self-care within the prison environment could qualify.
- Advanced age: Inmates aged 65 or older who have served a significant portion of their sentence may qualify under certain conditions.
- Family circumstances: This refers to certain kinds of deaths or incapacitations within the incarcerated person’s family.
- Other potential circumstances: The court or BOP Director may determine that another reason not listed above qualifies in a specific case.
Courts will evaluate each case individually. Overall, they may consider factors like the inmate’s conduct, health, time served, and risk to public safety.
The Legal Framework for Compassionate Release
To obtain compassionate release, your attorney must persuade the court that:
- Extraordinary and compelling reasons justify a sentence reduction.
- The reduction aligns with the sentencing factors under 18 U.S.C. § 3553(a), which include the seriousness of the offense, the need for deterrence, and public safety.
- The requested release is consistent with the U.S. Sentencing Guidelines and relevant policy statements.
Each of these elements involves discretion, so having an experienced federal crimes attorney on your side is crucial. The judge will not automatically grant the motion in these cases. Instead, they will weigh the facts carefully before deciding whether release is appropriate.
How the First Step Act Changed Compassionate Release
Before the First Step Act, compassionate release was rarely granted. The BOP controlled access to the process and denied (or even ignored) many requests. As a result, severely ill and elderly inmates, for example, were often unable to obtain relief.
The First Step Act shifted that authority, allowing defendants to petition courts directly. This reform has dramatically increased access to compassionate release. Broadly speaking, it applies to those who can demonstrate that the BOP failed to act promptly or fairly.
Key reforms under the First Step Act include:
- Allowing inmates to file their own motions after administrative exhaustion
- Encouraging judges to interpret “extraordinary and compelling reasons” broadly
- Increasing transparency and accountability within the BOP’s review process
These changes have led to thousands of successful petitions across the nation.
Who Is Eligible for Compassionate Release?
Eligibility for compassionate release depends on several factors—courts generally consider:
- The nature of the original offense and criminal history
- The amount of the sentence already served
- Medical circumstances, including terminal illness
- Family-related factors, such as the loss of caregivers
- The inmate’s disciplinary record in prison
- Whether the release would pose a danger to others or undermine the goals of sentencing
Courts have granted release for a wide range of circumstances, so it is an option worth looking into if you believe you may qualify.
What Evidence Is Needed to Support a Compassionate Release Motion?
A well-prepared compassionate release petition requires extensive documentation and legal advocacy. Your attorney must provide evidence to support both the factual and legal basis of your request.
Common forms of evidence include:
- Medical records and evaluations from healthcare professionals
- Institutional records showing good conduct and rehabilitation efforts
- Letters of support from family and community members
- Expert testimony and analysis
- Plans for reentry, including housing and employment arrangements as applicable
At Elizabeth Franklin-Best, P.C., we’ll handle every aspect of this process on your behalf. Our compassionate release lawyers will work diligently to ensure that your petition is as comprehensive and compelling as possible.
What Happens if the Court Grants My Compassionate Release?
If the court grants your motion, several outcomes are possible. In some cases, the judge will reduce your sentence to time served, allowing for your immediate release. In other cases, the court might convert your sentence to something like home confinement instead.
Upon release, the court’s order will outline the terms you must follow. These may include continued medical treatment and restrictions similar to those in supervised release cases.
The transition process itself can be difficult to navigate. Our federal criminal law firm helps clients and families understand and comply with all their post-release conditions. We also assist with reentry planning, ensuring that our clients have the support they need to succeed upon release from prison.
How a Federal Criminal Defense Lawyer Can Help With Your Compassionate Release Case
Compassionate release cases involving federal prisons require a thorough understanding of the law on multiple levels. At Elizabeth Franklin-Best, P.C., our attorneys are recognized nationwide for their skill in handling compassionate release cases of virtually every type.
We combine decades of federal experience with a passion for justice; when you hire our firm, we can:
- Analyze your sentence and identify legal grounds for compassionate release
- Gather and present the evidence needed to support your motion
- Communicate with the Bureau of Prisons and federal prosecutors on your behalf
- File and argue motions under federal law in the appropriate U.S. District Court
- Represent you at every stage of the process, including any hearings and appeals
At the end of the day, our mission is simple: to give every client the strongest possible chance at freedom.
Contact Our National Federal Compassionate Release Attorneys to Schedule a Consultation
Every year, countless families contact our firm looking for hope. Fortunately, many find it through compassionate release. At Elizabeth Franklin-Best, P.C., we believe in second chances and firmly believe that everyone deserves the best possible legal representation. If you are seeking this legal option, we’re here to help as best as we can under the law.
Call us today to schedule an initial consultation with a federal compassionate release attorney. At that time, we can review the facts of your case and advise you of your best course of action from there.