Federal Compassionate Release Attorney
Attorney Michael J. Petro accepts compassionate release cases only for individuals who were sentenced in federal court in Tampa, Florida, or Chicago, Illinois. Attorney Petro does not accept compassionate release cases when the original federal sentence was imposed elsewhere.
Federal compassionate release allows certain individuals serving federal prison sentences to ask the sentencing court for a reduction in sentence based on extraordinary and compelling reasons.
Federal compassionate release attorney Michael J. Petro represents eligible individuals seeking sentence reductions under 18 U.S.C. § 3582(c)(1)(A).
Attorney Petro’s compassionate release practice is limited to federal cases in which the individual was sentenced in:
- Tampa, Florida
- Chicago, Illinois
The person’s current prison location does not determine whether Attorney Petro will consider the case. The important issue is where the federal sentence was originally imposed.
If the person was sentenced in a federal court anywhere other than Tampa or Chicago, Attorney Petro does not accept compassionate release cases.
What Is Federal Compassionate Release?
Compassionate release is a procedure that permits a federal court, under appropriate circumstances, to reduce a previously imposed term of imprisonment.
The governing statute is 18 U.S.C. § 3582(c)(1)(A).
The sentencing court considers whether the requirements for a sentence reduction have been satisfied. Depending on the basis for relief, this can include whether extraordinary and compelling reasons warrant a reduction and whether a reduction is appropriate after consideration of the applicable federal sentencing factors.
Compassionate release is not automatic. Every request depends on the individual circumstances of the person, the original conviction and sentence, the grounds for relief, and applicable federal law.
Extraordinary and Compelling Reasons for Compassionate Release
Federal law and the applicable sentencing guidelines address circumstances that may qualify as extraordinary and compelling reasons for compassionate release.
Depending on the individual case, potential grounds may involve:
- Serious medical conditions
- Terminal illness
- Age-related circumstances
- Certain family circumstances
- Certain circumstances involving abuse while in custody
- Other circumstances recognized under applicable law
The existence of a serious medical condition, advanced age, or difficult family situation does not automatically result in compassionate release.
The facts must be carefully evaluated under the legal standards that apply to the individual case.
Medical Conditions and Compassionate Release
Serious medical circumstances can support compassionate release in appropriate cases.
The analysis may involve the nature and severity of the medical condition, prognosis, available treatment, the effect of the condition on the person’s ability to function while incarcerated, and other relevant circumstances.
Medical records can therefore be an important part of a compassionate release motion.
Attorney Petro reviews available medical and Bureau of Prisons records to determine whether the circumstances may support a request for a sentence reduction.
Age and Compassionate Release
Age may provide grounds for compassionate release under certain circumstances.
The analysis may include the person’s age, deterioration in physical or mental health associated with aging, the amount of the sentence already served, and other requirements imposed by applicable law.
Age alone does not necessarily establish eligibility for compassionate release.
Family Circumstances
Certain family circumstances may qualify as extraordinary and compelling reasons for a sentence reduction.
Depending on the circumstances, these cases may involve the death or incapacitation of the caregiver of a defendant’s child or the incapacitation of certain family members when the defendant would be the available caregiver.
Documentation of the family circumstances and the need for the defendant’s involvement can be particularly important.
The First Step Act and Compassionate Release
The First Step Act significantly changed federal compassionate release.
Before the First Step Act, incarcerated individuals generally depended on the Bureau of Prisons to ask the sentencing court for compassionate release.
Federal law now permits an incarcerated person, after satisfying the applicable statutory requirements, to file a motion directly with the sentencing court.
This change gives eligible individuals an avenue to seek judicial review even when the Bureau of Prisons does not file a compassionate release motion on their behalf.
Requesting Compassionate Release From the Bureau of Prisons
Before filing a compassionate release motion in federal court, the requirements of 18 U.S.C. § 3582(c)(1)(A) concerning a request to the Bureau of Prisons must be considered.
The statute permits an incarcerated person to file a motion after fully exhausting the applicable administrative rights to appeal the Bureau of Prisons’ failure to bring a motion on the person’s behalf, or after 30 days have passed from the warden’s receipt of the request, whichever is earlier.
Compliance with the statutory requirements should be carefully evaluated before filing a motion.
The Sentencing Court’s Role
Compassionate release involves more than establishing extraordinary and compelling circumstances.
The sentencing court may also consider the applicable factors under 18 U.S.C. § 3553(a) when determining whether a sentence reduction should be granted and the extent of any reduction.
Those considerations can include:
- The nature and circumstances of the offense
- The history and characteristics of the defendant
- The seriousness of the offense
- Deterrence
- Protection of the public
- The sentence originally imposed
- The defendant’s conduct while incarcerated
- Rehabilitation
- Other circumstances relevant to the sentencing decision
A persuasive compassionate release motion should therefore address both the basis for compassionate release and why a reduction in sentence is appropriate in the individual case.
Rehabilitation and Conduct in Federal Prison
Evidence concerning rehabilitation can be an important part of presenting the person’s circumstances to the sentencing court.
Relevant information may include:
- Educational programs
- Vocational training
- Employment while incarcerated
- Treatment programs
- Disciplinary history
- Evidence of personal development
- Family relationships
- Plans for employment after release
- Community support
- A stable release plan
Rehabilitation alone does not constitute an extraordinary and compelling reason for compassionate release, but it may be relevant when considered with other circumstances and when the court evaluates whether a sentence reduction is appropriate.
Preparing a Compassionate Release Motion
A compassionate release motion should be supported by the facts and documentation relevant to the particular case.
Depending on the circumstances, Attorney Petro may review and present:
- Medical records
- Bureau of Prisons records
- The original judgment and sentence
- Presentence investigation materials
- Institutional records
- Rehabilitation
- Disciplinary history
- Family circumstances
- Release plans
- Housing arrangements
- Medical treatment plans
- Employment opportunities
- Community and family support
- Other evidence relevant to the request
The objective is to provide the sentencing court with a complete and persuasive presentation of the circumstances supporting a sentence reduction.
Compassionate Release Cases in Tampa, Florida
Attorney Petro represents compassionate release clients who were sentenced in federal court in Tampa, Florida.
The person does not need to be incarcerated in Florida.
A person sentenced in Tampa may now be housed in a federal correctional institution anywhere in the country. The current location of the federal prison does not change where the original sentence was imposed.
If the original federal sentencing occurred in Tampa, Florida, Attorney Petro may evaluate the case for compassionate release representation.
Compassionate Release Cases in Chicago, Illinois
Attorney Petro also represents compassionate release clients who were sentenced in federal court in Chicago, Illinois.
The person does not need to be incarcerated in Illinois.
Someone sentenced in Chicago may currently be serving the sentence in a federal facility located elsewhere in the United States.
If the original federal sentencing occurred in Chicago, Illinois, Attorney Petro may evaluate the case for compassionate release representation.
Cases Sentenced Outside Tampa or Chicago
Attorney Michael J. Petro does not accept compassionate release cases for individuals who were sentenced in federal court outside Tampa, Florida, or Chicago, Illinois.
This geographic limitation concerns the location of the original federal sentencing, not the location of the prison where the person is currently incarcerated.
For example, Attorney Petro may consider representing someone who was sentenced in Tampa and is currently incarcerated in another state. Likewise, he may consider representing someone sentenced in Chicago who is incarcerated outside Illinois.
However, Attorney Petro does not accept compassionate release cases solely because the individual is currently incarcerated in Florida or Illinois.
The individual must have been sentenced in federal court in Tampa, Florida, or Chicago, Illinois.
How a Federal Compassionate Release Attorney Can Help
Compassionate release requires careful consideration of the original federal sentence, the grounds for relief, supporting evidence, procedural requirements, and the factors the sentencing court will consider.
For qualifying Tampa and Chicago cases, Attorney Petro’s representation may include:
- Evaluating potential grounds for compassionate release
- Reviewing the original conviction and federal sentence
- Reviewing medical records
- Reviewing Bureau of Prisons records
- Evaluating compliance with statutory requirements
- Gathering supporting documentation
- Presenting evidence of rehabilitation
- Developing an appropriate release plan
- Addressing the applicable federal sentencing factors
- Preparing and filing the compassionate release motion
- Responding to the government’s opposition
- Advocating for a sentence reduction before the federal sentencing court
Every case is different. Whether compassionate release is available depends on the particular facts and applicable federal law.
Federal Compassionate Release Representation in Tampa and Chicago
Michael J. Petro provides compassionate release representation only to individuals whose federal sentences were imposed in Tampa, Florida, or Chicago, Illinois.
If you or a family member was sentenced in federal court in Tampa or Chicago and circumstances may support compassionate release, Attorney Petro can evaluate the case and determine whether he can provide representation.
If the individual was sentenced in federal court anywhere other than Tampa, Florida, or Chicago, Illinois, Attorney Petro does not accept the compassionate release case.
Compassionate Release Questions Form
Please read before submitting the form.
Attorney Petro accepts compassionate release cases only when the individual was originally sentenced in federal court in Tampa, Florida, or Chicago, Illinois.
The person’s current prison location does not determine eligibility for representation.
If the person was sentenced in another city or federal district, please do not submit the Compassionate Release Questions Form.