List Of Factors Federal Judges Consider When Determining Whether To Let Someone Off Probation Early

Here is the full list of factors that the judge may consider when deciding whether to let you off probation early:

    Whether or not your Probation Officer or the Prosecutor support your request;
    The nature and seriousness of the crime you were convicted of;
    Your criminal history and/or mental illness history;
    Whether the judge believes you are a threat to the public;
    Whether the judge believes you have been sufficiently punished;
    Whether you have completed any substance abuse treatment or rehabilitation programs;
    How your sentence compares to the federal sentencing guidelines recommended sentence;
    U.S. Sentencing Commission policy statements;[1171]
    Whether you’ve paid restitution to the victims.[1172]
  1. 1171

    In 2011, the Sentencing Commission issued a policy statement informing judges that they may let former narcotics abusers from supervised release early, if that person has successfully completed a treatment program. See United States Sentencing Commission, 2013 Guidelines Manual, See also 18 U.S.C. § 3583(e)(1)-(2).

  2. 1172

    See 18 U.S.C. § 3553(a)(1)-(7).