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Release from Federal Prison? Petition the Judge?

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3Putt

Junior Member
What is the name of your state (only U.S. law)? GA

My family member was sentenced to seven years in federal prison for wire fraud and operating a Ponzi scheme. She has served 26 months in a minimum security, women's prison camp. She is 60 years old and in good health.

My question: 1.) Can the sentencing federal judge modify the sentencing order to allow her to be released from confinement and allowed to complete the rest of her sentence on house arrest? 2.) Can I write a letter to the sentencing judge and ask her to consider/grant my request for release from confinement. The offender is my sister-in-law. Am I allowed to partition the judge for this request, or must that request come from the offender's husband?

I thought that starting with the judge would be a logical starting point before moving on to more complicated processes like clemency requests, or commutation requests.

Thanks for your help.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? GA

My family member was sentenced to seven years in federal prison for wire fraud and operating a Ponzi scheme. She has served 26 months in a minimum security, women's prison camp. She is 60 years old and in good health.

My question: 1.) Can the sentencing federal judge modify the sentencing order to allow her to be released from confinement and allowed to complete the rest of her sentence on house arrest? 2.) Can I write a letter to the sentencing judge and ask her to consider/grant my request for release from confinement. The offender is my sister-in-law. Am I allowed to partition the judge for this request, or must that request come from the offender's husband?

I thought that starting with the judge would be a logical starting point before moving on to more complicated processes like clemency requests, or commutation requests.

Thanks for your help.
Why shouldn't she do the time for the crime she committed?

No, you writing a letter to the judge now is not going to do a thing. Speak to your SiL's attorney.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? GA

My family member was sentenced to seven years in federal prison for wire fraud and operating a Ponzi scheme. She has served 26 months in a minimum security, women's prison camp. She is 60 years old and in good health.

My question: 1.) Can the sentencing federal judge modify the sentencing order to allow her to be released from confinement and allowed to complete the rest of her sentence on house arrest? 2.) Can I write a letter to the sentencing judge and ask her to consider/grant my request for release from confinement. The offender is my sister-in-law. Am I allowed to partition the judge for this request, or must that request come from the offender's husband?

I thought that starting with the judge would be a logical starting point before moving on to more complicated processes like clemency requests, or commutation requests.

Thanks for your help.
With time off for good behavior she is likely to be getting out in not much more than a year.
 

anearthw

Member
Your sister-in-law has already been in the corrections system for over two years, things have moved well beyond the judge's court. That judge does not just go back into old trials and decide who gets let out of prison, it doesn't work that way.

If you wish to assist her, you'll want to start dealing with the system she is already in. If she is sentenced to 7 years, then she is likely eligible for parole consideration at 1/3 of the sentence, automatically without application. That should be coming up very shortly if she has already served over 2 years. Did this happen yet?

You might want to do some reading on the State Board of Pardons and Paroles
http://pap.georgia.gov/

A near senior-citizen with a non-violent white collar crime is unlikely to fulfill their entire sentence.
 

davew128

Senior Member
Your sister-in-law has already been in the corrections system for over two years, things have moved well beyond the judge's court. That judge does not just go back into old trials and decide who gets let out of prison, it doesn't work that way.

If you wish to assist her, you'll want to start dealing with the system she is already in. If she is sentenced to 7 years, then she is likely eligible for parole consideration at 1/3 of the sentence, automatically without application. That should be coming up very shortly if she has already served over 2 years. Did this happen yet?

You might want to do some reading on the State Board of Pardons and Paroles
http://pap.georgia.gov/

A near senior-citizen with a non-violent white collar crime is unlikely to fulfill their entire sentence.
Given that the OP's SIL is in FEDERAL prison, I am unsure what help any of your post is. Particularly since there is no parole in the federal prison system.:rolleyes:
 

anearthw

Member
Well, my apologies, I was out to lunch today. Not sure I really deserve an eyeroll though, I wasn't trying to be rude about anything :)
 

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