Our firm wins “compassionate release” for BOP inmate based on COVID-19 pandemic
Today, our firm won a motion for “compassionate release” for an inmate at a BOP facility (FCI Butner) because of the COVID-19 pandemic. The judge issued an order requiring the “immediate release” of our client. Our client was released after serving less than half of his sentence.
We put together a persuasive motion detailing the client’s history and the particular risks he faced if he contracted COVID-19. We also discussed at length the situation at the BOP facility where he was incarcerated—a facility that has some of the highest confirmed cases of COVID-19.
There are several requirements before you can pursue a motion for compassionate release. We were able to win because we successfully argued that the BOP’s program for selecting inmates for release was taking too long and their criteria for selecting inmates for release kept changing. Our motion also detailed our client’s medical conditions and the specific risks he faced if kept in prison during the COVID-19 outbreak.
The vast majority of motions for compassionate release based on COVID-19 have been denied. Judges are also skeptical of inmates asking for early release, despite the ongoing pandemic, and will only grant release if the inmate is able to show that they are specifically in danger of contracting COVID-19 or are particularly vulnerable to the virus.
That’s where an experienced attorney can make a huge difference. We have filed several of these motions for other clients, and we keep ourselves updated with the latest COVID-19 news and how it is affecting each of the BOP’s facilities.
Contact Tom Church at our firm if you want us to help you try and get your loved one released from prison early during this difficult time.
Page Pate is an accomplished trial lawyer with over 25 years of experience in criminal defense, civil litigation, and whistleblower representation. Page is listed in The Best Lawyers in America, Top 100 Lawyers by The National Trial Lawyers, and named to the list of Super Lawyers for the past 15 consecutive years. Page is a frequent expert legal analyst for local and national media and has served as an Adjunct Professor at the University of Georgia Law School. Read Page’s reviews on AVVO. Follow Page on Twitter @pagepate and on Linkedin.