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Western District of New York includes new Criminal Motion Relief for "Compassionate Release" 

May 21, 2020

As the numbers of those in the prison system infected with COVID-19 continue to climb, the practicality of social distancing in detention facilities is facing a new kind of scrutiny. As of May 20, 2020, in New York State there have been 1,228 confirmed cases of prison staff members, and another 471 confirmed cases of the incarcerated population.

The Western District of New York has a program known as “Compassionate Release” – an avenue to early release from prison.

An inmate may be able to obtain early release under the Compassionate Release program by a showing of particularly extraordinary or compelling circumstances which could not have been foreseen by the court at the time of sentencing. Compassionate Release is most often granted where the subject is determined to pose minimal risk to society and shows at least one of the following circumstances: terminal illness, advanced age, sickness, debilitation, or extreme family circumstances. If it is shown that these factors outweigh the public policy reason for continuing to detain a person in prison, a court is directed to grant Compassionate Release.

If these circumstances apply to you or a loved one due to the COVID-19 pandemic or other reasons, you may be entitled to relief. HoganWillig’s criminal law team is here to help. Please call us today at (716) 636-7600 with any questions or to set up a consultation.

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