Vacation of Supervised Release

[tjalex]

What would be a good amount of time to wait to petition the judge for a vacation of my supervised release? So far I have served 18 months of 5 years supervision.

 

[Just Blue]

What would be a good amount of time to wait to petition the judge for a vacation of my supervised release? So far I have served 18 months of 5 years supervision.

What state?

 

[quincy]

tjalex lives in Texas but he was sentenced in New York and is on an interstate probation.

tjalex, it is best to keep all of your related questions to one thread. You can add your question here to the thread already in progress.

Thanks.

 

[Just Blue]

tjalex lives in Texas but he was sentenced in New York and is on an interstate probation.

tjalex, it is best to keep all of your related questions to one thread. You can add your question here to the thread already in progress.

Thanks.

lol...I haven't been online in a while..I guess I forgot how to lookup Px Hx.

 

[quincy]

lol...I haven't been online in a while..I guess I forgot how to lookup Px Hx.

tjalex created his other thread during your move so you're excused.

 

[Just Blue]

tjalex created his other thread during your move so you're excused.

 

[quincy]

What would be a good amount of time to wait to petition the judge for a vacation of my supervised release? So far I have served 18 months of 5 years supervision.

You can ask your attorney but, having served only 18 months of your 5 year supervision - and with Texas wanting to impose additional conditions - I would say your chances of getting your supervised release vacated are slim.

 

[tjalex]

Sorry guys. I'm still trying to figure out this website. Last night I tried to post this, but it never went through. I posted again this morning only to discover now my original post went through, so there may be a redundant thread where it doesn't need to be. But, yes, I live in Texas, my case is in New York, and it is a federal case. But let's say, for reasons that are too drawn out to go into here, that Texas was not imposing additional conditions and the judge in New York was making a decision as to whether or not my supervised release should be vacated. How long should I wait before I make the request?

 

[FlyingRon]

It varies by district, but most want to see more time on your probation that his (typically 1/2 to 2/3 of the time served). Further a pro se request likely isn't going to work. You should talk to a lawyer familiar with the district in which you're going to make the request. You're going to need the support of your current probation officer and provide substantial documentation you've been crime free, compliant with your probation, and made sufficient progress in your life that merit an early termination.

 

[justalayman]

Sorry guys. I'm still trying to figure out this website. Last night I tried to post this, but it never went through. I posted again this morning only to discover now my original post went through, so there may be a redundant thread where it doesn't need to be. But, yes, I live in Texas, my case is in New York, and it is a federal case. But let's say, for reasons that are too drawn out to go into here, that Texas was not imposing additional conditions and the judge in New York was making a decision as to whether or not my supervised release should be vacated. How long should I wait before I make the request?

Yet you did say in your other thread Texas is wanting to change the terms of your probation. Either they are or they aren’t. It makes a difference

 

[xylene]

Honestly I'm certain you have to do the whole stint. You already got your favor by transferring.

 

[FlyingRon]

If we're talking federal (and I'm assuming now we are rather than a NY State probation under interstate compact), he needs to have the Texas PO support his change, but he needs to go back to the sentencing district (one of the NY ones) to have it released.

 

[tjalex]

Someone told me I needed to put this question in this thread as well. I while back I had a situation where the Eastern District of Texas put in to change the jurisdiction of my case from the Eastern District of New York to the Eastern District of Texas (I live in Texas), but since the rules here tend to be more strict, I wrote a letter to the judge asking him to deny the petition. Well, he had already granted the change of jurisdiction, but rescinded the change once he received my letter. However, I only discovered all of that had happened because my attorney of record, who is a court-appointed attorney who is now not part of my case post-prison, did me the favor of looking into it and sent me the information. He did it for free. Is there any way for me to discover that sort of information without needing an attorney to do it for me? I simply can't afford an attorney.

 

[quincy]

Thank you for adding your questions to this thread. A third thread only adds confusion.

Are you planning to move back to New York to serve out your sentence there?

 

[tjalex]

No, I am not moving back to New York. If probation here was relatively the same as probation there, then it wouldn't really matter to me where the jurisdiction lies. However, my judgment is largely different and far less restrictive than everyone else in my district. The POs have already attempted to whittle away at my judgment, which my judge in New York stopped them from doing. But once jurisdiction changes, there will be no one to stand in their way. Here, judges pretty much rubber stamp whatever POs want to do. They are also extremely dishonest, and it is hard to trust them when they say I have nothing to be concerned about when a high percentage of the things they tell me are untrue. I had a meeting with my PO to discuss issues related to my case last week, and I knew things that she didn't know I knew. Since she didn't know I knew them, she felt comfortable in telling me whatever she wanted me to hear. I was absolutely baffled and shocked as I listened to lie after lie. Again, she didn't know I knew she was lying. I've made mistakes in my life, for sure, but I've learned from them. Now I have kids and I try to live life honestly because I can't raise them to be good people if I'm dong otherwise. So the whole time I'm thinking, "Wow. This woman is raising children." Anyway, until I feel I can trust them, I don't think they should have jurisdiction over my case. Obviously that is wishful and probably foolish thinking.

At any rate, I want to be able to see the status of my case (jurisdiction changes, results of motions, etc.) without having to ask an attorney as I cannot afford one. When my judge rescinded his original order and changed jurisdiction back to New York, my former attorney told me that had happened. However, in this meeting with my PO, she told me I'd been under Texas jurisdiction for the last six months and just didn't know it. Completely untrue.