Do you have to hire a lawyer?
No. A person in federal prison can write to the warden and, 30 days after the warden receives it, file a motion in court on their own (18 U.S.C. § 3582(c)(1)(A)). Family members can help.
A lawyer helps most when the medical records are thick or missing, when the family situation is complicated, or when you need a straight answer on whether the facts are strong enough — whether they are “extraordinary and compelling,” meaning unusual and serious enough to shorten a sentence.
What does counsel actually do?
Most of the work is gathering proof. A lawyer reviews the judgment, collects medical or family records, writes the warden request, and files the motion if the facts support it. A lawyer should also tell you if the case needs something else, like a 2255 motion, or is not ready yet.
What will not work after 2026?
In May 2026, Rutherford v. United States and Fernandez v. United States ruled out motions based only on a later sentencing change Congress did not make retroactive, or on a claim that the conviction is wrong. Good conduct cannot be the only reason (28 U.S.C. § 994(t)). If that is the whole argument, paying anyone to file it wastes money and time.
How do you start?
Start with a one-hour consultation. Book a consultation online. See also the attorney page and how families can help.
More on hiring a lawyer
Original page last updated November 19, 2019. Statements about the law were updated in October 2026; the box below gives today’s rules.
Many people in federal prison want to ask for compassionate release but do not know how. The people who need it most are often too sick to research the rules or get to the law library. That is where a family member or a lawyer can help.
You do not have to hire a lawyer. If you decide to, here is what the work looks like. See also our Hiring an Attorney for Compassionate Release FAQs.
Why it is hard
For years, the Bureau of Prisons approved very few requests. According to a 2013 report by the Justice Department's Office of the Inspector General, between 2006 and 2011 only 208 requests reached the Bureau's Office of General Counsel with a warden's recommendation to approve. The total number of requests wardens received in that period is unknown because of poor record keeping. The New York Times reported that between 2013 and 2017, 5,400 requests were filed and only about 6 percent were granted. Since 2018, people can go to court themselves 30 days after the warden receives their request, and judges make the decision (18 U.S.C. § 3582(c)(1)(A)).
Judges still deny most motions. In the first half of fiscal year 2025, judges granted 15.2 percent of the motions they decided, according to the U.S. Sentencing Commission. See our page on that report.
What a lawyer does
First, we find out which reason fits: terminal illness, a serious medical condition, age, a family emergency, or abuse in custody. Then we gather proof. That usually means an interview, the court records, and the medical records, including the prison's records of diagnosis, treatment, and prognosis.
Next, we write the request to the warden. It explains the reason, how the person meets the rule, and the release plan, with the key records attached. After you review it, we submit it to the warden.
Following up
The Bureau can be slow. We track the request and stay in touch with the Central Office Reduction in Sentence (RIS) Coordinator. When a request stalls, we may contact specific Bureau officials, and we may ask the Attorney General, members of Congress, or criminal justice nonprofits to urge the Bureau to decide. Thirty days after the warden receives it, we can file the motion in federal court.
After a decision
If the Bureau Director approves, the federal prosecutor in the district where the person was sentenced asks the judge to reduce the sentence. Judges usually grant motions the Bureau itself brings. If the Bureau denies the request or does not answer in 30 days, we can file the motion in court ourselves, appeal the warden's denial through the Administrative Remedy Program, gather more proof and try again, or wait until the situation changes. If the judge grants the motion, we can help the family plan for transportation, medical care, and other needs.
When hiring a lawyer makes sense
A lawyer helps most when the records are thick or missing, when the family situation is complicated, or when you need a plain answer on whether the facts are strong enough. A lawyer should also tell you when a motion is not the right step.
No lawyer can promise a result. To talk about your family's situation, book a consultation.