2024年4月3日发(作者:)
递交监督申请书流程
英文回答:
Procedure for Filing a Motion for Supervised Release.
A motion for supervised release is a request to the
court to release a defendant from prison into a community-
based program before the completion of their sentence. This
type of motion is typically filed by the defendant's
attorney.
To file a motion for supervised release, the defendant
must meet certain eligibility requirements. These
requirements include:
The defendant must have been convicted of a nonviolent
crime.
The defendant must have served at least one-third of
their sentence.
The defendant must have a good disciplinary record in
prison.
The defendant must have a plan for housing, employment,
and support upon release.
If the defendant meets these eligibility requirements,
their attorney can file a motion for supervised release.
The motion must be filed with the court that originally
sentenced the defendant.
The court will then hold a hearing on the motion. At
the hearing, the defendant's attorney will present evidence
to show that the defendant meets the eligibility
requirements and that they are a good candidate for
supervised release. The prosecutor may also present
evidence to oppose the motion.
After the hearing, the court will issue a decision on
the motion. If the court grants the motion, the defendant
will be released from prison and placed on supervised
release.
中文回答:
递交监督申请书流程。
递交监督申请书是指向法庭提交申请,以期被告人在刑期服满
前从狱中获释,转为社区康复项目。此类申请通常由被告律师提出。
要递交监督申请书,被告必须符合一定资格要求。这些要求包
括:
被告必须因非暴力犯罪被定罪。
被告必须已服刑至少三分之一。
被告在狱中必须有良好的纪律记录。
被告必须有获释后的住房、就业和支持计划。
如果被告符合这些资格要求,其律师即可递交监督申请书。该
申请必须向原判决被告的法庭提出。
然后,法庭将针对该申请举行听证会。在听证会上,被告律师
将提供证据证明被告符合资格要求,并且被告是接受监督释放的理
想人选。检察官也可能提出证据反对该申请。
听证会后,法庭将对该申请做出裁定。如果法庭批准该申请,
被告将从监狱获释并接受监督释放。
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