Having a loved one facing a lengthy jail term is tough on any family, regardless of the circumstances behind their detainment. Those sentences become a lot tougher when inmates end up suffering a personal hardship that makes it challenging for them to complete their time.
There is a system in place where inmates can request compassionate release to get out of prison early under certain circumstances. If you feel as though your loved one is in that position, you can get in contact with a lawyer specializing in compassionate release to explain the situation. Just be aware that the process is not easy, and success isn’t guaranteed. Here’s why.
Can Anyone Request Compassionate Release?
Compassionate release is only possible if inmates meet certain requirements. Even then, there is no guarantee that they will be granted their release. Any inmate dealing with any of the following has the right to seek legal counsel and make a request.
Serious Personal Medical Conditions
There are times when an inmate’s medical condition deteriorates to the point that they can’t stay within the prison system. To force an inmate to do so would be seen as a breach of their human rights. For example, a prisoner may be diagnosed with an aggressive form of cancer that requires extensive chemotherapy or end-of-life care. Older prisoners serving life sentences may be unable to remain under the care of the prison due to the development of dementia.
Advancing Age
This point continues from the idea of older patients becoming unable to handle their time in prison due to failing health. The prison system states that those convicted of life behind bars should remain there for the duration of the sentence. However, those who are over 65 and have served a long sentence already could be eligible for compassionate release.
Cases Of Abuse
There are also rare incidents where prisoners find themselves subject to repeated abuse at the hands of prison staff. This could be physical abuse, which could lead to physical health issues. It could also be mental or sexual abuse. While some inmates will suffer in silence for fear of speaking up, others will take action and call for justice through the compassionate release program.
Excessive Sentences
Most people outside the legal system would assume that the sentence awarded to a prisoner aptly reflects the severity of the crime. However, there are cases where that isn’t true. Some prisoners end up behind bars in maximum security facilities for far longer than they should. Inmates in these situations can hire lawyers to make a case for early compassionate release.
Serious Family Circumstances
In other cases, inmates may find themselves dealing with serious personal issues outside of the prison. It takes some exceptional circumstances for a prisoner to be allowed to return to their family before their sentence has finished. It typically depends on the impact of the decision on innocent family members. For example, are there children who might suffer because their other parent has died unexpectedly?
Other Extraordinary and Compelling Circumstances
It is also important to remember that any case where inmates suffer in jail and deserve compassionate release is worth bringing to light via a skilled lawyer. The circumstances don’t have to fit neatly into one of the categories mentioned above if there is a unique situation causing concern. The worst that can happen is that those in charge of the final decision say no. The best is that they take the side of the suffering inmate and grant the release.
Obstacles Restricting Compassionate Release
There are a lot of ways that inmates can try to open compassionate release federal prison cases, but such cases may be hard to bring before a judge and may not bear any fruit. Any prisoner who starts a case must go through a lengthy process where the Federal Bureau of Prisons takes every piece of evidence and every related circumstance into account.
Some factors could easily work in the prisoner’s favor and support their claim, but others may not. Remember, the deciding factor here is whether or not the bureau decides it is safe for the prisoner to be released under those conditions. They have an obligation to protect the public and ensure that justice is still served.
The circumstances of the case have to come into account, such as the precise nature of any medical issues, familial situations, or claims of abuse. The team will go over medical records and take the age of the prisoner into account.
It’s also a strong legal team’s responsibility to ensure that the review board has all the vital evidence they need. On top of that, they will way up the amount of the sentence served against the time remaining. For example, prisoners serving 10 years who experience a family emergency in the 9th year may be much more likely to get a release than someone in their second year.
From there, the review board must consider other factors regarding the severity of the crime committed and the impact a release would have on the community. It’s easy for families to focus on the potential benefits of having that inmate home to either give or receive care. However, the board will also consider how that might affect the victims of the crime or their families. Would a compassionate release cause harm?
This is where victim statements and case histories are so important. Also, the board will examine the prisoner’s conduct record while in prison. Those who dealt with disciplinary action for violence or insubordination may have a harder time getting a compassionate release.
Should You Try For Compassionate Release?
If you have someone you love suffering behind bars due to poor health or abuse, or you need them back home due to changes in family circumstances, talk to a compassionate release lawyer today. There is nothing to lose from getting your family member’s story out there and reviewed by the board. There’s potentially a lot to gain. Get expert help, build a strong case to support early release, and hope for the best possible outcome.
