Early Release From Prison Due To The Coronavirus
"Hey, I have been following your work for a while. We need your advice. My dad is at Yankton Federal Prison Camp. He is serving 48 months for healthcare fraud. We talked to a white collar defense lawyer who said he can get our dad out of federal prison. He wants $10K. What do you think? This coronavirus is nuts inside and we really want our dad home. We can afford it but want your thoughts," he said.
"Is your dad sick?", I asked.
"No, he actually feels pretty good. He took your advice and he has lost like 50 pounds in federal prison."
"Does your dad have a documented health condition that puts him at higher risk to get Coronavirus? If so, can you specify the health issues?" I asked him.
"No, he is in really good shape and he has no health issues. He was overweight before going to federal prison, but he is in great shape now. He does marathons like you and Santos (Michael Santos)."
"For clarity, Michael did marathons. I won't run more than a half! As you know, I am not a lawyer. Therefore I am not going to give you legal advice. I do have one more question. Did the lawyer who wanted $10K ask you any of the questions I just asked you?
"Nope. He just said he would file it with court and he thinks we have good chance for early release since people in prison will get sick over the coronavirus. He said the Bureau of Prisons won't want lawsuits from prisoners who get sick, so they will let people out. We just need to file motion or something like that," he said.
For those of you reading this, be careful. As I wrote in a blog yesterday, the Bureau of Prisons will seek to defend their treatment of prisoners. They wont randomly be letting people out of prison nor will Federal Judges, without any real evidence that a prisoner must be released due to their illness. Frankly, even with real evidence they will not be releasing many prisoners early--we must accept that they think they can treat prisoners properly.
Perhaps this lawyer thought they could prevail. Perhaps his time is so valuable that a fee of $10K is warranted. Perhaps, I do not know all of the details. What I do know is what it will be very difficult to get released from state or federal prison without a documented history of illness and health issues.
Below is an order that was filed in a state court. The criminal order establishes procedures for filing motions for release from custody due to the Covid-19 Pandemic. Use this as a guide to better understand what is required to get early release from federal prison due to the coronavirus. Do not fall for sales lines or gimmicks. If you are in need of an ethical, quality lawyer we can happily make a referral.
Rely on data and logic to guide your decisions. Take the time to understand all of the stakeholders in the system and their motivations.
If you need guidance or have questions call me at 818-424-2220 or schedule a call here.
Best,
Justin Paperny
P.S. Below is the criminal standing order from March 22, 2020.
"CRIMINAL STANDING ORDER of March 22, 2020
ORDER ESTABLISHING PROCEDURES, EFFECTIVE IMMEDIATELY, FOR FILING EMERGENCY MOTIONS FOR RELEASE FROM CUSTODY DUE TO THE COVID-19 PANDEMIC
In response to the overwhelming number of completed and anticipated filings requesting the immediate release of defendants from custody due to the health threat posed by the COVID19 Pandemic, and in light of the reduced operations of the court, the Criminal Division issues the following standing order in the best interest of the administration of justice. Effective immediately any motion seeking relief from detention based upon the COVID-19 Pandemic must comply with all the following requirements:
1. The motion must be titled “Motion for Release from Detention Based on the COVID-19 Pandemic” and must be filed with the AVR judge , as well as the assigned calendar judge;
2. Immediately below the title and before the text of the motion itself, the motion must contain answers to each of the following questions, labeled with the letter that corresponds with the question below:
a. Does the defendant have a documented health condition that puts them especially at risk with respect to COVID-19? If so, specify the health condition and provide details about how the health condition is documented;
1
b.Is the defendant 60 years old or older? If so, specify the defendant’s age.
c. Is the defendant being detained pretrial or post-conviction?
d. Is the defendant charged only with non-assaultive misdemeanors? If so,specify all the charges;
e. Is the defendant charged only with felonies that are not crimes of violence? If so, specify all the charges;
f. Is the defendant being detained post-conviction and pending sentencing?
If so, specify the earliest date the defendant could be released in compliance with the voluntary sentencing guidelines and mandatory
minimum sentencing requirements; and
g. What is the opposing party’s position on your motion?
Motions for release based on the COVID-19 Pandemic filed after issuance of this order that are not in strict compliance with the requirements of this order will be denied by a docket entry that reads
“Denied without prejudice to refiling based on Criminal
Division Standing Order of March 22, 2020"
hi my question is what if a guard has the corona virus at the prison and the prisoner has 6 months left is it possible to try and get an early release before an inmate contracts the virus and if its possible what legal steps would be best to take if taken
Hi my husband suppose to be release on 2023. He is asthmatic, COPD I already send an email to the Camp (Pensacola) explaining he’s conditions witch their advice. It is something else I can do? They give him the inhaler he used
Thank you. Our team has created a lot of resources to guide you on this site and at ResilientCourses.com. If you have specific questions, call me at 818-424-2220. Best, Justin Paperny
My husband has diabetes and his release date is currently 4/2023. I’m trying to find advice on how to file a motion for early release or a reduction due to the Covid-19 virus.
Hello Melanie, I can offer advice. Feel free to text me at 818-424-2220 to set a call. Please do text first as we are getting 100 calls or so a day from people who have loved ones in prison. I know this is a difficult time. Happy to offer advice. Justin
Hello, hope you are well during these tough times. I can offer advice. Please text me at 818-424-2220 to set a call. Thank you, Justin Paperny
To whom it may concern ,
My husbands release date is July 15 but he’s supposed to be released to the half way house in Midland tx on june 2. My concern is why Is fbop not following orders this will be the end of his sentence. Hes only in there on a violation in which he got 12 months… this coronavirus is serious and I dont need him to get this virus when t ghb they can easily release him. my 1 and 3 year old need their father home please help. His counselor said he was not 60 or over so that disqualifies him from being released. What else can I do?
He’s in Beaumont low
You should call me at 818-424-2220 to discuss. Justin Paperny
Hello sir my name is kyleigh my husband is 36 he is currently in duelle vocational institute in Tracy, California state prison . He has a condition he was hospitalized for almost two months last February. I t is called osteomyelitis. I’m no doctor but I think from what I gathered about the covid 19 pandemic , is that anyone with any underlying health conditions is like 100% more at risk than a healthy american. He is set to be released by December 25 2020. Is there anyway to get an early release for him?If so can you point me in the direction I need to go I am un undergraduate so I do not know at all what to do.
Sry I forgot to put that his crimes as well are non violent.
Thank you very much
Who do I contact to get my finance an early release due Covid19 he’s a risk and scared for him cause lino lakes prison in MN are not taking any percautous
My dad is in the bop in Beaumont, TX for drug conspiracy charges. He is not 60 years old. Where he’s at has now advice them that due to the people in the unit he’s in tested negative for COVID19, they are going to switch them to a unit that has tested positive and those testing positive will be moved to the unit he’s in. He has no serious illness either. The only thing he suffers from is kidney stones.
Hi my husband is in beaumont federal prisoncomplex he is 63 and a diabetic he,s release date is 2022 but due to the covid 19 i would like to get him home sooner if you can help me out with any programs available i can call really worried i am 60 and sick to need hell
Hello to whom this may concern
I just found out that my Ex has prostate cancer and is dying. He is currently serving time. His sister doesn’t want him to die in prison and has come to me for help. how can the family apply for a compassion release for this person?
FCI Aliceville is housing my wife on a drug conspiracy charge but she’s waiting on the conclusion of a Rule 35 process
What are your thoughts on folks like that? She’s not over 60, has significant medical conditions, no violent crime history…Thoughts on her chances for Covid release?
Hello my brother is incarcerated in an ohio prison and his scheduled release date is 4/2023 and he asked if I could write a letter to the judge asking for his early release due to the pandemic since he has already filed for judicial release. I would like some advice as to how to word the letter to the judge
Thank you for writing. I am sorry to read of these struggles. Please call or text me at 818-424-2220. I would be happy to offer advice. Best, Justin Paperny
Thank you for your message. I have thoughts, for sure. Can you text or call me at 818-424-2220 to discuss? Thank you, Justin Paperny
Please feel free to call me at 818-424-2220 to discuss. Happy to help you. Thank you, Justin
My name is Darryle M. Burton, the twin brother of Derrick M. Burton DOC# 205915. I do appreciate this opportunity in allowing me to express myself. I am a U.S Army retired, disable veteran of 22 years of service, Bronze Star recipient and 19 years of Federal service. I am writing on behalf of my twin brother, who is currently incarcerated at Western Correctional Institute (WCI).
I am making a formal request to the Parole Commission of Maryland, David R. Blumberg for my twin brother if possible be granted parole under one of the following conditions: clemency, health condition-medical, companionate release, and/or 50% time served, granted parole. My twin brother has been incarceration for over 34 years and now elderly.
On July 24, 2020, he had a parole hearing and that are going to recommend “refusal of parole”, He believes the, parole hearing did not consider any documentation or his well-being (Health) will be consider as part of the determination for parole. My twin brother is praying that the final decision will be granted parole. Also, he believes that he has proved his worthiness’, not being a risk to be release back into society.
I have accepted my twin brother health is deteriorating with irreversible conditions since his incarceration. He has serious chronic health issues that is noted in his record and continues to have health episodes. Noted: obstructive lung disease (OCPD), hearing loss, self-catheterizing, diabetic neuropathy, HIV, Hepatitis C, Osteoporosis, Hypertension, High blood pressure and chronic pain syndrome. Nevertheless, if he is not granted parole this would be a burden on the state that I would not want to see happen. Also, he will be required assisted living and nursing home levels of care while incarcerated.
It is very important to know my twin brother comes from a very loving and decent family. We as a family have every intention to make sure that he is on the right path for the rest of his life. We believe our family support is so invaluable regardless of his wrongdoing. We will make certain that our brother will have the necessary family support during his re-integration back to the community.
He has had an opportunity to reflect on his life and has expressed deep regret, remorse, and shame for his past indiscretions and unlawful behavior. He has been a model prisoner, has no tickets, completed several classes and has taken advantage of just about every educational opportunity available working towards his GED (I have copies). However, he was informed by the in February 2020, that he will not be able to continue his goal to complete his GED, due to low testing results and to give the younger inmates an opportunity.
This would mean a lot to us and him to get parole because our father died in 2007 while he was incarcerated, which devastated him and our family as well. Our mother is 82-year-old and has multiple health issues and is not getting any younger. I hope and pray that the board members please reconsider my twin brother, Derrick M. Burton as an eligible candidate for parole.
My husband has 24 months left from his conviction. I would like to submit motion for early release. Will I submit motion in the state he was convicted or state where he is currently incarcerated?
Hi my husband was up for eat release with the completion of RDAP in which they are not providing. His release date 07/11/21 but suppose to parole this year. But they cancelled due to COVID he has already tested positive and beat it and I rather him be home to keep from getting reinfected. Please help send my hubby home. Any other advice
If tryed to have my husband released early due to needing him home for my 13yr old daughter. We are already worried about him in prison B.C. of the virus. But my daughter is worried be want come home..she lost her real dad to suicide. She came home and found him. She is dealing with anexity and we’ll as I am. Is there any advice for me?
My little brother has hep.c and his immune system is compromised he’s only 21 in his earliest possible parole date isn’t till 2031 he’s in tehachapi prison but his crime was considered violent even though nobody got hurt do I have any chance or am I wasting my time? Please help me he is my whole heart, thank you.
My husband tested positive for Covid, he is currently serving time at Folsom Prison, he’s also got cerrosis of the liver and hepatitis C. What steps do I take to have him get early release? Please help. Thank you in advance
Hi my husband is incarcerated at CTF Soledad prison in California I would like to know what do I have to do to try and get him out due to covid he is at risk . He has bad asthma and has hep C he’s had it for 20 years so his immune system is compromised. The yard he is on tested all the inmates twice this month then went and moved 43 inmates that have not been tested at all right into my husband’s dorm my husband ended up getting one of the guys for a bunkie. Also they have guys who are quarantine in the gym on my husband’s yard and they let them out to use the phones and after their done nobody comes out and sanitizes the phones after the sick guys have used them. My husband fears for his life everyday he is non violent and is a level 1 however he got 12 years because to keep me from going to jail he has served 2 years and his earliest possible parole date is July 2022 under prop 57 without prop 57 it is 2026 . I would like to hire a lawyer to help me or some advice on what I can do myself. Can I write the warden or file something with the courts. Please help thank u
Hey my fiancé is on parole and has be violated when there is lack of evidence with people lying. His charges are non violent and I haven’t gotten to the part of getting his health issues but he does have mental health problems THEIR TRYING TO GIVE HIM A YEAR I NEED SOME LIGHT SHED ON MY SITUATION HE HAS KIDS TO RAISE
To any lawyers on here . PLEASE look up ROBSHANE ROGERS OF COLUMBIA SC it’s allot he’s being ACCUSED of with NO EVIDENCE he’s only 22 he’ll be incarcerated for his 23 birthday help him please in any way shape or form shed some light on his situation he’s being sent to prison for things he has absolutely nothing to do with
I have a question can I call PA state parole to get my husband out sooner he has done more than a third of his time . He has stupid drug charges that I personally don’t think people should go to jail for but criminal justice is a business I get it.
Wood some one help me my name is maurissa fields / katie wright and i need someone that knows the law to help me investigate with out arresting but to be able to leagally murder 2 people i believe set up my father back in the day that now have my mom and i haustage held not knowing who to look up 2 exept the 2 of them and some how try 2 control what we do how we dress how we feel n get stuck not remembering who we know or just anything really i have 4 kids and my ma and i and her both extreamly hate living this way the 2 people making us live this ways names are larry ellis.also known as or go by the names (Paul alvarado, burta, jeff wright but really not him, cody claw, etc)And alfrado ajero and he also goes by ( tyler bowman, brittney alvarado in the case agaist my father, reese,phillip,ect) if anyone talks or sees them please report myself ma, dad, and 4 minor children missing to whoever it is you look up 2 thank you. Much love. – maurissa
Are there any real chances of getting anyone early released from an oregon state prison? My Husband has a little over a year and a half left and has served almost 7 years. He does not have a measure 11 crime, person crime, or drug crime. Is there a lawyer who can help me get my husband home early? The Oregon state prisons are not following anything that they say they are. The officers do not always wear there masks, the inmates do not get to clean on a daily, they don’t all get to shower on a daily. And even though it is prison they should be allowed to wash their clothes on a daily. It is impossible to stay 6 feet apart from each other in there and the prisons have alot of positive cases. People test positive everyday at the prisons and it’s only a matter of time before everyone gets it at this point. Please if there is a lawyer or someone that has some advice or where I can find an attorney to help bring my husband home to our now 7 year old disabled boy, and myself to help keep him Safe and from getting sick and possibilities of health problems I would sure appreciate it. Thank you
My uncle has been in prison for more than 25 years and he should have been out by now, he is over 60 years of age. He was supposed to be out about now, but he caught a case while he was incarcerated but they didn’t give him a new number. The time for the new case would have been up too, we we’re trying to find out what’s the hold up . He’s sealing off his cell because there’s people all around him getting sick due to COVID -19. He needs to be out. I know he’s reformed now, his name is Willie Alston A280802 thank you.
Hello I’m trying to see if I can get my boyfriend out of prison elary because of coronavirus he was to do six months n been in for two months so far please email me back and let me know what I can do to get him out thanks and God bless everyone
Justin, my son is incarcerated in Oneida county jail, he was supposed to be moved to a federal prison. He had completed state time for probation violation in Marcy and then go on to do his federal time. He is 53, his federal time is 24 mos. in the past he has had stents for enlarged heart and suffers from anxiety. He has just informed me that they had an outbreak in Oneida of covid…15 confirmed cases. Is there any chance of getting him out sooner. We lost his father in April from COVID. He has two daughters
My boyfriend is currently being held at the county jail for a parole violation and was told he would have his hearing within 72 hours but with yesterday,today and tomorrow being a holiday and then the weekend it won’t be until next week at earliest.I have a compromised immune system and am currently awaiting surgery so my health is also at risk and the longer he is there the more chance of exposure.I am not asking him to get out of jail for free but how bout house arrest or something until he gets his hearing date?At least he will be following the stay at home rules better then most .So instead of being held for 72 hours it will be 6 days or more,is there anything u can do to get him released?
My husband serving 10years now has 2 months left of his sentence I was wondering if there’s anything I can file for early release due to his mom is in the ICU with heart and kidney failure she has cancer I want to see if you can help me to bring him home so he could be in the last moments with his mom.
Hi my son is in Montgomery Alabama. He is in the Maxwell afb prison camp they have that cornoavirus all in there. Myson Matthew j Taylor got shot when he was 12. Years old and he has no spleen to fight off the virus if he should get it it will probably kill him and they want give him a early release. They think he lying but he is not tried to get his medical records where they took out his spleen but they told me they didn’t keep records but just for ten years so we asked them to x Ray him to prove it and they want do that so I’m asking you for some advice on whàt to do
Concern mother
Carolyn taylor
Hi my name is Amber serrano,Knapp n my fiance Anthony Serrano is in Danville correctional center in ILLinois n I wanted to know how I can bring him home on house arrest his out date is 12/30/21
My brother took a deal with 4 strikes 5 years hes still in reception. Cant he get out on house arrest……he was under the influence of drugs amd assaulted cops…… Hes been locked up since march 2020
Hello! My husband got sentenced 6yrs TDCJ time but due to the pandemic he hasn’t been transferred yet, my question is how can I file for early release or some type of in home confinement, he has numerous health problems, and I’m afraid if he comes down with the virus he will not survive it if incarcerated, due to the limited medical resources
Hello my husband is incarcerated and Estelle unit in Huntsville Texas he has served 26 years and I was wondering if I could get some information about a early release for this pandemic going on he’s already been bit by a deadly spider I’m afraid for his life HELP
My husband is it a state prison and he had congestive heart failure just diagnosed November 2020 and he wears a defibrillator life vest 24/7 because he heart is only working 30% I have documentation of all of his health problems it’s like five different medicines a day and I’m worried to death of him being in jail what can I do to getting out
My brother n law has been incarcerated in federal prison for 3 years for nonviolent crime. Hes diagnosed with bipolar and depression he was at Lompoc in very poor conditions now in F.C.I in Herlong ca. Im willing to pay to get him out. He has not been in trouble the whole 3 years.