Federal Probation Violation, What's The Worst That Can Happen?

Asked over 2 years ago - Washington, DC

I have been on federal probation for 2 out of 3 years. I am required to have mental health treatment, but I have been going off and on, and now off again. I'm wondering if I am violated due to this what I could possibly face. The only portion of time that I did not finish was 30 days of my year and a day sentence. If I am violated, i'm sure these 30 days could be an option for the judge to throw back at me. BUT....
1. Will I receive more time for violating?
2. Would I be required to submit to probation a second time after doing the remaining jail term?
3. Is it possible probation could be extended and not go back to jail?
4. I have not committed any other crime to violate probation, is it possible just to accept being violated, finish my jail term and not have probation once I leave jail?

Attorney answers (2)

  1. Atiq R Ahmed

    Contributor Level 10

    1

    Lawyer agrees

    Answered . In addition to the responses stated by the previous attorney, I will add the following: You may wish to consult with the attorney who assisted you in the case. In the event of a Violation, chances are that the attorney would be called to assist you.The attorney may be able to furnish you with suggestions on how to handle the matter prior to a Violation being reported to teh Judge. This attorney is familiar with the facts of your case and would be in the best position to assist you.

    Legal disclaimer: The response to this inquiry is for informational purposes only, and is expressly not legal... more
  2. Craig S Orent

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . 1. Will I receive more time for violating?
    You certainly can receive more time in prison. But whether you will or not depends of course on the overall circumstances, none of which I’m familiar with so I can’t provide a more detailed answer.

    2. Would I be required to submit to probation a second time after doing the remaining jail term?
    Yes/No. If you are sentenced to prison as a result of a probation violation in federal court, you will be placed on supervised release typically for three years to start the day you are released from prison (It’s similar to parole in state cases).

    3. Is it possible probation could be extended and not go back to jail?
    Yes. Again what will happen depends on the circumstances, but technically it is possible.

    4. I have not committed any other crime to violate probation, is it possible just to accept being violated, finish my jail term and not have probation once I leave jail?
    Again, it is possible and depends on the circumstances, but very unlikely. And usually, at least in my experience, when a court agrees not to impose additional supervision after completion of the prison sentence, it usually imposes a longer sentence. Effectively that is the price that must be paid for no further supervision; and it’s up to the Court whether to do that, not you. I’ve had cases where everyone (PO, Defendant, and prosecutor) all wanted a terminal disposition, no further supervision, but the court refused.

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