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Will the feds revoke my supervised release if i catch a misdemeanor charge for driving without a license?

Roseville, CA |

I just got out of federal prison 7 months ago, After serving 3 years, On a drug conviction.. I was in a halfway house for 6 months. Now i been home for 1 month. I have not been able to find work in my area the past 7 months. 5-6 years ago before i caught the fed case, I got 2 DUI convictions, And several driving on suspended tickets. The 18 month DUI class i have to take is $100 a month. All my old tickets and restitution adds up to $5,000. I cant pay the tickets and get my license without money. I cant get money without a job. My friend told me he would get me a union job in Sacramento. My friend told me he would lend me one of his cars to drive there everyday. How bad would my probation officer freak out if i got a driving on suspended? Have you ever seen them revoke SR for a misdemeanor

Attorney Answers 4


  1. I must confess that I have no experience with federal probation officers. No sane attorney will give you a guarantee that you won't have a problem. Are you really willing to take a chance like this? It's around a twenty (20) mile distance right? Buses and/or trains aren't an option? It would probably cost you less to pursue either option than to pay for gasoline for the borrowed car.

    Think.

    When I respond to a question posted on Avvo, I provide information for a general purpose. In reviewing my answer, you are specifically warned that your use of, or reliance upon any response that I provide would be a bad idea. I do not have all relevant background or facts related to your matter, and am not in a position to give you legal advice. Further, your review, use of, or reliance upon any response by me does not establish an attorney-client relationship between us and does not qualify as a legal consultation for any purpose.


  2. 18 USC 3583(b) authorizes a district court, if it finds by a preponderance of the evidence that a defendant has violated his or her term of supervised release, to impose a term of imprisonment of not more than 5 years if the offense of *conviction* is a Class A or B felony; 3 years if a C or D; and 1 year if an E or misdemeanor. However, the policy statements in Chapter 7 of the US Sentencing Guidelines are based on the grade of *violation* in addition to the class of felony of the offense of conviction, and recommend much more lenient punishment than the statute allows. While I completely understand and appreciate your dilemma, I strongly recommend that you not take the chance. Based on your recently having begun your term of supervised release, there are judges that would not hesitate to sentence you to another significant term of imprisonment with absolutely no regard for your reason for violating.

    Joshua Sabert Lowther, Esq.
    NATIONAL FEDERAL DEFENSE GROUP
    jlowther@nationalfederaldefense.com
    http://www.NationalFederalDefense.com
    866.380.1782


  3. You should not bank on there being no consequences for driving without a license. It is not unusual to revoke for not following the directions of the PO, even with no new criminal conduct. Driving without a license on the bet that you won't be revoked is not a good strategy.

    This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.


  4. If you are being supervised in the Eastern District of California, it is my firm opinion that the Probation Office will file a petition to revoke or modify your conditions of supervised release if you are arrested for driving related misdemeanor.

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