if it was a federal drug case and i brought back a state drug charge
You say this was a federal drug case. My guess then is you are on five years supervised release, not probation. The maximum punishment for violation of supervised release depends on the maximum penalty of the underlying drug offense. If you were convicted of a Class A felony (maximum life), you would face a maximum 5 years now. Class B felony (max 25 or more), you face 3 yrs now. Class C or D felony (max 5-25), you face 2 years now. Thus, if you were convicted of 500 gms of cocaine, for example, the original penalty was 5-40 years. This is a class B felony and you would be facing up to 3 years now. Keep in mind, these are the maximums, as you asked. The judge can give you less. There are advisory guidelines that apply to probation or supervised release violations which are based on your prior record and what you are accused of now. Assuming the new charge is a felony, you would be looking at something like 1-3 years depending on your criminal history category.
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.
That will largely depend on if you were sentenced to suspended incarceration and how much. Typically, the entirety of the suspended sentence would be available to be imposed. You should consult an attorney with experience handling probation violations to discuss the specifics of your case to get a better idea of a likely range of punishment should you be found in violation and sentenced.
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1, 2, 3 or 5 years maximum, depending upon the grade of offense on which you were originally convicted. However, the US Sentencing Guidelines policy statements generally recommend much more lenient punishment.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
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