In federal court, there are two types of post-conviction supervision: probation, and supervised release. Probation is imposed in lieu of prison time, and carries certain reporting and other obligations. Supervised release follows prison time, and usually carries the same reporting and other obligations. Individuals who violate either their probation, or their supervised release, must appear in court, answer the violation charges, and are at risk of serving a jail or prison sentence if the supervision is revoked.
As with any probation sentence or term of supervised release, an individual’s every move will be scrutinized. The opportunity in the course of everyday life for a pitfall resulting in a violation of probation or violation of supervised release charge is ever present. When a violation is alleged, there are options to overcome or mitigate such an allegation with an experienced criminal defense lawyer. Depending on the classification of the violation, a Federal violation of supervised release may or may not result in a return to prison.
A Federal violation of probation or Federal Violation of Supervised release occurs when one on such status commits a new crime or technically violates a term of probation or supervised release. As with any criminal offense, the sentencing potential is directly related to the severity of the violation. The severity levels are broken up into the different classifications:
- Grade A Violations — conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment exceeding one year that (i) is a crime of violence, (ii) is a controlled substance offense, or (iii) involves possession of a firearm or destructive device of a type described in 26 U.S.C. § 5845(a); or (B) any other federal, state, or local offense punishable by a term of imprisonment exceeding twenty years;
- Grade B Violations — conduct constituting any other federal, state, or local offense punishable by a term of imprisonment exceeding one year;
- Grade C Violations — conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment of one year or less; or (B) a violation of any other condition of supervision.
If you believe that you are under investigation, have been subpoenaed before a grand jury or arrested and charged with a crime, contact us for a confidential consultation by phone at (215) 563-9800 or email at info@NeffSedacca.com.