Miami RDAP Benefit Denials Attorney

The Residential Drug Abuse Program is offered by the Bureau of Prisons (BOP) for those individuals who have a drug problem and wish to attend a program while serving their federal prison sentence. One benefit of the program is early release for those who have completed the program. An individual could receive up to 1 year off of his or her sentence. However, there are certain crimes that preclude an individual from receiving the program. BOP evaluates an individual’s ability to receive early release on the nature of the current charge and on an inmate’s criminal history.

Factors that could preclude early release are if the current offense conviction is one that is: “a crime of violence”; has an element, the actual, attempted, or threatened use of physical force against the person or property of another; by its nature or conduct, presents a serious potential risk of physical force or against the person or property of another or sexual abuse committed against a minor; or the carrying, possession or use of a firearm or other dangerous weapon or explosives.

The problem many offenders face is that the law allows 2 additional points for possession of a firearm despite the fact that the individual did not personally possess a firearm but rather their co-defendant. The decision by BOP to deny the RDAP early release benefit can be overturned.

Sabrina Puglisi has successfully fought to have her clients given the early release to which they are entitled. If you are anxious to have your loved one return home and believe that they were improperly denied the benefit of the RDAP early release, contact Miami Attorney Sabrina Puglisi at (305) 403-8063.