Defense of Violations of Supervised Release and Federal Probation
If your federal probation officer or the United States Attorney’s Office files a petition to revoke your supervised release or probation, you have a very serious situation and you need the help of a highly qualified, aggressive and effective federal criminal defense lawyer in Michigan.
If such a petition is filed against you, you must appear before the court “without unnecessary delay” and your lawyer can petition for you to be released on bail pending revocation hearing. If probable cause is found that there was a violation of the terms or conditions of supervised release, the court “must hold the revocation hearing within a reasonable time.”
Mandatory Grounds for Revocation of Supervised Release or Probation
The probation officer is required to petition for revocation when an alleged offender:
- Possesses a controlled substance (some circumstances)
- Unlawfully possesses a firearm
- Refuses to comply with drug testing imposed as a condition of supervised release
- Has four positive drug tests over the course of one year
Types of Supervised Release and Probation Violations
Grade A violation – Engaging in a federal , state, or local offense punishable by more than one year of imprisonment, which constitute crimes of violence or drug trafficking offenses or involve possession of a firearm or destructive device.
Grade B violation – Being charged with or convicted of any other federal, state, or local offenses punishable by more than one year of imprisonment.
Grade C violation – An allegation of federal, state, or local offenses punishable by one year or less in prison or a violation of any other condition of supervision.
For a Grade A or B violation, the court must revoke probation or supervised release under federal law. In the case of a Grade C violation, revocation is discretionary.
Sentencing for Revocation of Supervised Release or Probation Violation
The sentence violation on a Class A felony may be up to 5 years and up to 3 years on a Class B felony. For a Class C or D felony offense, the maximum is 2 years and up to 1 year on any other case.
Defense of Supervised Release Violation or Probation Violation
Judges in federal court take allegations of a violation extremely serious. When many federal defense lawyers are too intimidated to handle allegations of a judge on a violation of probation or of supervised release, the defense team with LEWIS & DICKSTEIN, P.L.L.C. are not afraid to fight to protect you and stand up against any challenge. If you are being accused of a violation on a federal felony or misdemeanor, please call us today for a free consultation at (248) 263-6800 or kindly complete a Request for Assistance Form and an experienced lawyer will promptly contact you.