Description
Federal Probation Bible
Take Ownership of your probation.
The Federal Probation Bible is the first and only book of its kind! This book explains federal probation from day one to early termination.
The Federal Probation Bible explains, in an easy to understand way, vital information intended to keep you out of trouble and below the radar until it’s time to request early termination from the Court. It dives deep into the requirements of federal supervision, ensuring you know: what to do, what not to do, what to say, and everything a probation officer is/isn’t allowed to do.
Keep a copy of this book with you when you leave prison and start federal supervision. It is designed to be a daily reference text that will become invaluable when faced with what to say (and what not to say) to your probation officer.
When the time is right, the book then becomes an essential resource of information and instructions on exactly when and how to request early termination from supervised release.
A DEEP DIVE INTO
Federal Supervision
The Federal Probation Bible is a deep look into all facets of federal probation. It answers every question that inmates have before leaving federal prison. Including:
• What kind of P.O. can I get, and what are the pros and cons of each one?
• Is my P.O. allowed to search my home?
• Can my P.O. tell me where I can live? What about where I can work?
• What can I expect in the first few days of probation?
• What about the first year of probation?
• How can I get early termination from supervision?
All of these questions — and many more — are answered inside. Author E.M. Baird is at the forefront of all things related to federal supervision and has dealt exclusively with federal criminal defense, focused primarily probation and supervised release matters, since 2009.
The Federal Probation Bible will save you time by addressing many questions before those answers are critical. It can save you thousands of dollars in attorney’s fees by helping you avoid accidentally violating your supervision conditions. Finally, it will teach you exactly what it takes to request early termination as early as possible, and the best practices to obtain a court order granting early termination.
Who should read this book?
1. Inmates and Offenders Facing Fedaral Supervision
This book was written for exactly this group. Inmates who are getting close to their release date, and those recently released from prison, have the most to gain from The Federal Probation Bible.
This group also stands to lose the most without the information in this book. According to a 2020 report by the Sentencing Commission, there are an average of 133,000 individuals on active federal supervision each year. That same study found that over half of all probation violations (55%) were Grade C violations: either technical violations of petty misdemeanors.
The Federal Probation Bible’s main goal is to prevent readers from making technical mistakes that result in needless violation/revocation proceedings. Federal criminal defense attorneys can cost thousands of dollars, and this book can save its readers from paying those retainers by avoiding violations and revocation proceedings altogether.
2. Law Students
From a 1L student to a Juris Doctorate awardee studying for their bar exam, any student of law who is interested in practicing in federal criminal law should read The Federal Probation Bible.
This area of federal criminal defense – post-conviction supervision – is woefully underrepresented in current training and CLE offerings. In CY2023-2024, PCR Publishing will begin the CLE certification process across the country with learning modules which cover various topics in The Federal Probation Bible. Reading this book, just once, will give any law student a leg-up on their competition during any defense-oriented internship or associate position interview.
As self-aggrandizing as that sounds, one particularly supportive Assistant Federal Defender read the book, cover-t0-cover, remarked that the training material offered to incoming federal defenders does not even approach the level of nuance, research, and detail about federal supervision that the Federal Probation Bible contains.
3. Legal Professionals – Criminal Defense Lawyers and Paralegals
Niche expertise is vital when it comes to any criminal defense practice. A decently-sized firm may offer broad, expert representation for federal criminal defense, but those firms have several (to several dozen) associates and partners who specialize in different areas.
No individual defense attorney or solo-practice can competently defend all types of federal criminal prosecutions, let alone be a trial, appeal, or SCOTUS specialist. This area of law has relatively little congestion or competition in larger metropolitan areas.
Specific federal districts see far higher rates of supervised release violations and revocations compared to the national average. San Diego, Minneapolis/St. Paul, Kansas City (MO), and Phoenix each have more than double the number of supervision violations and revocation proceedings than the average, and that translates into more potential clients.
Reading the Federal Probation Bible, even if only done once, will place your knowledge level well above that of an average practicing federal criminal defense attorney. This book will more than pay for itself with even one extra client, let alone years of client-referrals that will result after demonstrating this niche expertise.
A Look Inside Each Chapter
About this Book
Scope of this Book • About the Author • Acknowledgements • Preface
Reader's Quick Reference Guide for Deep Reading
Case Citations • Case References • Law Citations • Formatting Patterns
Chapter 1: Structure of the Federal Justice System
The Executive Branch • Brief Timeline of the Commerce Clause • The Raich Case • Jurisdiction • Prosecutions • The Bureau of Prisons • Halfway Houses • The Judicial Branch • The Federalization of Criminal Law • The Commerce Clause (Revisited) • Structure of the Federal Judicial Branch • Agencies of the Judicial Branch
Chapter 2: Probation vs. Supervised Release
The Law Makes The Difference • Sentences of Probation • Sentences Including Supervised Release • The Differences Between Probation and Supervised Release
Chapter 3: The Law and Policy of Supervised Release
Statutes • Case Law • Policy of Probation and Supervised Release • The Policy of the Sentencing Commission • The Policy of the Judicial Branch
Chapter 4: Beginning Supervision
The First Three Days of Supervised Release • The First 2 Months of Supervised Release • The First Year of Supervised Release • The First 18 Months of Supervised Release • Supervision with Fines and Restitution • Payment of Fines and Restitution on Probation and Supervised Release • Payment of Fines and Restitution After Probation and Supervised Release have Ended • Bonus Section: The Five Types of Probation Officers
Chapter 5: Conditions of Supervised Release
Mandatory Conditions • Standard Conditions • BONUS: One Additional “Standard Condition” • Special Conditions • Example Special Conditions for Financial Loss Cases • Example Special Conditions for Drug Conspiracies • Example Special Conditions for Sex Offenders
Chapter 6: Violations and Revocations
Violation of Supervision • The Lucky Client • The Unlucky Client • Three Forms • Revocations of Supervised Release and Probation • Revoking a Term of Supervised Release • Revocation Hearings • Revocation Table • Discretion of the Probation Officer • Discretion of Judges • Revocation Hearings • Federal Rules of Criminal Procedure 32.1(b) • Revocation • Limitations of Revocation Sentences for Supervised Release • Limitations of Revocation Sentences for Probation
Chapter 7: The Law, Policy, and Procedure of Terminating Supervised Release Early
The Law Itself • Changing Case Law and Policy • 2000: The Supreme Court Refines Supervision • 2011: Part I, The Supreme Court Impacts Supervision • 2011: Part II, New Sentencing Commission Policy • 2016: The Second Circuit Reverses Lussier • 2018: New Policy of the Judicial Conference • Chapter Summary
Chapter 8: Legal Gray Areas
Mandatory minimums vs. typical maximum terms • Mandatory Minimums & Early Termination• Lifetime Terms of Supervised Release • Plea Agreements & Early Termination
Chapter 9: Applying for Early Termination of Probation or Supervised Release
Asking the Supervising Probation Officer to File for Early Termination • Hiring a Lawyer to File For Early Termination • Filing the Motion for Early Termination, Pro Se
Chapter 10: Building a Pro Se Motion for Early Termination of Federal Probation or Supervised Release
The Header (with examples) • Beginning the Brief (with examples) • Arguments • Three Pro Tips Conclusion Paragraph
Appendix A: PACER Tutorial
Register for a PACER Account Searching PACER • Formatting Case Numbers • Docket Reports
Appendix B: Useful Cases About Supervised Release
General Standards and Theory • References • General Circuit Cases About Supervised Release [Emphasizing Early Termination] • Cases Where Defendants are Granted Early Release (By State/District)
Index
Entry References By Case • Crimes • Judges • Sources • Terms
