Federal Probation Violation
The situation: my father is on federal probation for drug charges. He served almost 4 years. he got out in Jan and has been totally clean since. No arrests, failed drug tests, kept a good job etc. He has totally turned his life around. Unfortunately, last night he got a DUI, after he tried to outrun the cops. I know it dosent sound good, but it was a crappy situation he had to get out of, and once he saw the cops he freaked. My question is, will he automatically be sent back to jail, or is there any chance of leniency? I know federal probation is alot more intense than state.No one knows how bad this sounds more than me, so please, no judgements. Thank you.
Re: Federal Probation Violation
This is a difficult question to answer without more facts. However, he will not automatically be sent to the Federal Bureau of Prisons. A Petition to Revoke/Modify Supervised Release will be filed with the federal sentencing court, and a hearing will be scheduled. At that time, your father has the option of contesting the violation (DUI and Fleeing), or he may stipulate that he has indeed violated the terms of his supervised release, and be sentenced. US Sentencing Guidelines Chapter 7 (ussc.gov) covers recommended sentences on supervised release violations, called "policy statements." I was recently involved in one of the cases that ended in 90 days home confinement. Don't assume the worst yet.
Re: Federal Probation Violation
The charges were misdemeanors, not felonies. Would getting a good lawyer help in this situation?
Re: Federal Probation Violation
Quote:
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amberflowers1@gmail.com
The charges were misdemeanors, not felonies. Would getting a good lawyer help in this situation?
Absolutely. Never go into a courtroom facing a charge without having counsel. Fighting the charge may make things worse than just giving in a following through on some sort of plea agreement. You must speak with an attorney on this matter and the sooner, the better.