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 (VOP) 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 VOP or Federal Violation of Supervised Release occurs when an individual who is out on probation or supervised release commits a new law violation or violates a technical term of their release conditions. Just like for criminal offenses, probation or release violations carry with them a sentencing potential that is correlated to the severity of the violation. The severity levels are broken up into the following classifications:
Grade A Violations – defined as conduct constituting (A) a federal, state, or local offense that is punishable by an imprisonment term which exceeds one year, for (i) a crime of violence, (ii) a controlled substance offense, or (iii) one involving the possession of a firearm or destructive device of the types described in 26 U.S.C. § 5845(a); or (B) is any other federal, state, or local offense that is punishable by an imprisonment term which exceeds twenty years.
Grade B Violations – defined as conduct which constitutes any other federal, state, or local offense that is punishable by an imprisonment term which exceeds one year.
Grade C Violations – defined as conduct constituting (A) any federal, state, or local, offense that is punishable by an imprisonment term of one year or less; or (B) a violation of any other condition of one’s ordered supervision.
With a Grade C violation, under the right circumstances, there is a possibility that your Federal probation attorney can convince your probation officer of the minor severity of the violation, especially if it is not part of a continuing pattern, suggesting that non-reporting does not present any undue risk to a person or to the general public, and it will not run afoul of any court ordered directives. Often when a Grade C violation occurs, the probation officer will contemplate keeping the violation ‘in house,’ offering some type of minor penalty rather than issue a summons or a warrant. If this is contemplated, a Federal probation attorney might be able to help craft such a resolution.
However, with Grade A and B violations, the probation officer has a duty to report them to the Court. So, if you have violated your probation in this capacity and the Court makes a finding that it did occur, then your probation must be revoked. When probation or release is revoked, you will face a term of incarceration based on the grade of violation committed and your criminal history.How Can We Help?
Any kind of violation of probation allegation is a serious one. When an individual violates Federal probation, the severity of punishment 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.