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Once you're out

Getting off supervision early

You can ask the court to end supervision before the term is up. Most people never find out this is possible.

The statute

A judge can end it before the term is up

The law is 18 U.S.C. 3583(e)(1). After you have served one year, a judge can terminate the rest of your supervised release if your conduct warrants it and it is in the interest of justice.

That is the whole standard. It is vague on purpose, which means what you have actually done matters more than any legal argument.

Why nobody told you

You have to ask

The Judicial Conference tells probation officers to think about recommending early termination for low-risk people who are doing well. Some officers bring it up on their own.

Most don't.

What judges look at

The record is the argument

None of this is a surprise:

  • Steady work.
  • Stable housing.
  • No violations, not even small ones.
  • Restitution paid on schedule.
  • No new arrests.
  • Treatment finished, if you had any.
  • Time served on supervision, usually more than the bare minimum before anyone takes it seriously.
Start on day one

Build the folder before you need it

Start building that record on day one, not in month eleven. Keep pay stubs. Keep your lease. Keep a copy of every restitution payment.

When you ask, you want to hand over a folder, not tell a story.

How to actually do it

Your probation officer first

Talk to your probation officer before anything else. Ask what their office looks for and whether they would support it.

A motion your PO backs is a different animal than one they oppose. If they are on board, they may file it themselves. If not, you can file on your own or through a lawyer.

If they say no

No is not permanent

Getting told no isn't the end of it. People ask again a year later and get it.

The thing that changes between the first ask and the second is another year of the record above. That is the same work either way, so keep doing it.

Related

The two things that sink this

A violation and an unpaid restitution balance are what turn a good early-termination case into a bad one. What actually sends people back covers the first. Money, over years covers the second.

If you are still in the first year and none of this applies yet, the mechanics of supervision itself are in Supervised release.

Keep reading — part 2 of 12

What actually sends people back

Not new crimes, mostly. Technical violations, and the gap between telling your PO and getting caught.

Need help with this? Just ask.

These pages cover the general rules. Your situation has details they don't. Email me a question. Answers are free, and "you don't need to pay anyone for this" is my most common answer.

josh@federalprisondude.com

I answer in the order received, usually within a couple of days. I have a day job. If your situation genuinely needs more than an email, I take a limited number of consults, so say so and we'll work it out.

Pass it on

Somebody else is two years out and stuck on the same thing. Pass it on.