MY name s [Name Removed by ] I was charged with bank fraud. I am on 5 years probation I was sentenced to 48 months with prosecutor [Name Removed by ] and my sentening judge is presnell I am on supervised release. I am half way point of my probation I have done well and met all court requirements My US attorney is not in my favor when a previous lawyer contact her if I paid ny restittution of of $257,000 she didnt seem to work wtih me. I was wondering If I contact my Us congressman, senator and Chief US attorney and Chief probation officer can that help my case since I want to pay restitutuon off and I have changed my life around worked aty a same job for 2 and half years did 150 hours community service and showed up at all my urinalysis appointment. what can I do
Asking the US Attorney to agree to terminate probation early if you pay off the restitution is the wrong way to approach this situation. Instead, pay of the restitution first and then request the early termination of probation. The government won't entertain the possibility of early termination as long as there are outstanding conditions of probation such as restitution. But if restitution is paid off before you make your request, there is a better chance the government will not object.
Ultimately, you can file a motion asking to terminate probation early (which is something you would have to do even if the government agreed to the early termination).
The problem with just filing a motion is that most judges will not terminate probation early if the U.S. Attorney's office and/or the U.S. Probation office is against the early termination. Both of the adverse parties (prosecutor and probation) are interested in getting the restitution paid. but, as the earlier poster indicates, they are generally not interested in the "Let's Make a Deal" strategy of holding restitution hostage until an agreement on early termination is reached. [There are exceptions, of course.]
So I agree that the best route to early termination is to pay the restitution in full, make sure all other monetary requirements have been satisfied, and then seek the consent of the prosecutor. I would also be trying to get Probation's consent as well.
First, you really should not post your name and all the details of your case on the internet. Lawyers here cannot give legal advice, they can only give people general information.
Second, if you are not satisfied with your present lawyer's advice (which may be very good, we have no way of knowing), you should take all of your paperwork to another lawyer who is an accomplished criminal defense practitioner with federal experience. That lawyer may still not have all of the information that your present lawyer has but she or he can, at least, give you some guidance based on the particulars of your file.
Third. your question does not make any sense. If you did 48 months, then you are not on probation. Federal probation is granted only in very limited circumstances under the Guidelines (and even after the Guidelines lost some authority post-Booker). You also say that you are on supervised release and that is probably correct (at least guessing from everything else you said). A competent lawyer can advise you of this based on your file and a check of PACER.
So, I think your question is whether you can get the sentencing judge to modify the sentencing order that imposed a period of 5 years supervised release following release form the BOP. The answer is that it is possible to get such a modification. It is governed by 18 USC Section 3583 (e)(1). But you need an accomplished federal practitioner to approach this. Your thought of going over people's heads or making it political is likely to backfire.
Your lawyer will probably tell you about some cases on point, including People v. Harris out of New York last year where the judge granted an early termination of supervised release even though that defendant had not made full restitution. Basically, if you behaved in prison and served at least one year successfully on supervised release, the court can make a determination of early termination based on the interest of justice.
Your lawyer will know how to file for this relief and what materials to present in support of your motion. Talk to a competent and vigorous criminal defense lawyer and good luck!
You need to get to take down this post because you don't want your name coming up in a Google search in this context, right? Not a good idea to contact your congressman or the supervisors of any of the people involved. As you know, you are going to be jointly and severally liable for the amount of the actual loss and the amount will not be reduced, only the payment plan (18 USC 3663A). If you can discharge your restitution, the court will probably terminate your supervised release early provided you have no other conditions to fulfill.
