Federal Violation of Probation and Federal Violation of Supervised Release
Though it’s rare for one convicted of a Federal crime to receive a straight probation sentence, it is almost always the case that after serving a Federal prison sentence, one will serve a term of supervised release. When this is the case, supervised release is monitored by Federal probation, starting with one’s release from prison. Depending upon the classification of the felony, or in other words the severity of the crime committed, one will serve a term of Federal supervised release typically between one year for a Class E felony or misdemeanor up to five years for a Class A or B felony. As with any probation sentence or term of supervised release, an individual’s every move will be scrutinized. The opportunity in the course of everyday life for a pitfall resulting in a violation of probation or violation of supervised release charge is ever present. When a violation is alleged, there are options to overcome or mitigate such an allegation with an effective Federal violation of probation lawyer. Depending on the classification of the violation, a Federal violation of supervised release attorney may be able to convince your probation officer to not report the violation.How Does a Violation of Federal Probation or Violation of Federal Supervised Release Work?
A Federal violation of probation or Federal Violation of Supervised release occurs when one on such status commits a new law violation or technically violates a term of probation or supervised release. As with any criminal offense, the sentencing potential is directly related to the severity of the violation. The severity levels are broken up into the following classifications:
Grade A Violations — conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment exceeding one year that (i) is a crime of violence, (ii) is a controlled substance offense, or (iii) involves possession of a firearm or destructive device of a type described in 26 U.S.C. § 5845(a); or (B) any other federal, state, or local offense punishable by a term of imprisonment exceeding twenty years;
Grade B Violations — conduct constituting any other federal, state, or local offense punishable by a term of imprisonment exceeding one year;
Grade C Violations — conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment of one year or less; or (B) a violation of any other condition of supervision.
For Grade C violations, if your Federal probation lawyer can convince your probation officer that your violation is minor, and not part of a continuing pattern; and that non-reporting will not present an undue risk to a person or the general public and run afoul of any directive of the court relative to the reporting of violations, your minor violation could avoid reporting at all.
As for Grade A and B violations, the probation officer must report those to the Court. If you’ve violated probation in this capacity and such a finding is made, your probation must be revoked and you will face a term of incarceration based upon your grade of violation and criminal history.How Can We Help?
Any violation of probation allegation is serious. When one violates Federal probation the severity is ramped up even more. Federal violation of probation and Federal violation of supervised release lawyer Jason Mayberry understands the Federal system the nuances of Federal violation of probation allegations. Contact The Mayberry Law Firm today for a free consultation to see if we can avoid a probation revocation for you or if that isn’t possible, mitigate incarceration to home detention. We’re available to you at 813-444-7435 or at 727-771-3847.