Generally, judges look at it this way: if you’re healthy enough to do the crime, you’re healthy enough to do the time. Especially when it’s early on in the sentence.
We get a lot of messages from inmates interested in filing compassionate release motions regarding their medical issues. And yes, many of these issues are serious.
But, if these are the same medical issues that were factored in during sentencing, and they haven’t progressed significantly, you’re highly unlikely to get any consideration on your motion.
Here’s where the Court’s opinion can be swayed. If the condition disables an inmate from providing routine self-care in the institution, the argument for deliberate indifference by the BOP comes into play.
Also, if the Court sentenced an inmate to a prison under the assumption that the prison would treat the medical condition, and the inmate can prove the BOP is not properly managing treatment, your chances increase. It’s important that you keep any paperwork that can prove you tried to get treatment and were given something inadequate.
Last summer, we posted a video about a compassionate release motion that was granted after demonstrating neglect by the BOP. The judge sentenced the inmate contingent on receiving medical care in prison.
There are other ways to approach a compassionate release motion, but they are very particular to an individual’s circumstances. Most Courts don’t consider non-retroactive changes in law.
Needing to care for a family member who has no alternative caretakers can be successful, but varies highly based on the district and judge with whom you’re filing.
Most cases are shot down because the inmate did not properly demonstrate they were the only viable caretaker – lots of documentation and letters from family are necessary to prove that.
If you need our help with a compassionate release motion, call us during our business hours: 407-434-0175