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Federal Probation, Halfway House and Community Supervision This forum is dedicated to information & discussions relating to U.S. Federal Probation & Community Supervision, including half-way houses.

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Old 12-02-2017, 08:30 AM
Bigboi5 Bigboi5 is offline
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Default First Probation Violation: Federal, plus state time

I was sentenced to 77 months in federal prison along with 3 years probation. I have 9 months left on probation but I recently cooped out to 2 years state probation for 2 misdemeanors 1 a domestic & the other a resisting arrest. I've also had a lot of dirty drops. I'm in the last criminal history category & I wanted to know how much time I'm facing. I've also recently caught my first DUI...
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Old 12-02-2017, 08:42 AM
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How many of those 77 months have you done? You'll owe the balance of those 77 months plus whatever time you get on the new ones. You've managed to accumulate way more than a "first" violation.
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Old 12-02-2017, 08:46 AM
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I did 63 of the 77 month sentenced before I was sent to the halfway house. These new cases I took 24 months state probation on them. I've had dirty drops & a couple days ago caught my first DUI. I'm trying to see how much time I'm facing.
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Old 12-02-2017, 08:47 AM
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Your probably look at the remainder of those 77 months that you have left. Without a doubt you have done your fair share of violations and that does not look good.
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Old 12-02-2017, 08:50 AM
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So of the 14 months left on that original sentence, will it be at 85 or 100 percent
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Old 12-02-2017, 08:53 AM
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These new cases I took 24 months state probation on them.
But, what was the sentence? Example: My sentence was 1 year, probated for 5 years. I violated within that 5 years and had to serve the 1 year. Your sentence was how many years, probated for 2 years? That's the time you could be sentenced to,, minus any time served in jail after arrest / good time. As for what you'll owe Federal, if any, I'm not sure.
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Old 12-02-2017, 08:56 AM
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Quote:
Originally Posted by Bigboi5 View Post
So of the 14 months left on that original sentence, will it be at 85 or 100 percent
If Federal violates you, I'd guess it'd be 85%, but I'm not sure. We do have other members that are very familiar with Federal....someone more knowledgeable about that will chime in
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Old 12-02-2017, 08:56 AM
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Also, are you facing new charges with the DUI?
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Old 12-02-2017, 09:08 AM
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Yes but I haven't been to court yet the just took my license. The Marshalls came for me yesterday
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Old 12-02-2017, 09:10 AM
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I'm tryna see where I'm at in the probation violation guideline range. This is everything that I have going on.
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Old 12-02-2017, 09:45 AM
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I received 77 months which I served 63 of & got 3 years federal probation.
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Old 12-02-2017, 10:35 AM
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Here is a chapter of the sentencing guidelines manual about supervised release violations. I found it on the US Supreme Court web page. You can also do a search for "federal probation violation sentences".
https://www.ussc.gov/sites/default/f.../Chapter_7.pdf
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Old 12-02-2017, 10:42 AM
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This is exactly what I was looking for, thank you!
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Old 12-02-2017, 11:18 AM
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Unless there are some unusual circumstances, you aren't on probation, you're on Supervised Release. It gets confusing because you are supervised by a Probation Officer and you may or may not get violated. I think a key question is whether or not they can take away your "good time credit" of 14 months. Since it looks like all your charges are substance related, and you have 9 months left, why not try to get your Federal attorney to try to add treatment in addition to state charges and see what they say. I think you will need 2 attorneys to handle state and federal separately unless you are retaining counsel.
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Old 12-04-2017, 03:47 AM
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If you have substance abuse issues, they are more likely to work with you. Just like your original sentence, the violation section has a table as well which prescribed a recommended sentence.

I initially got 12/1d, was out for 2 1/2 years and was sent back for 6 month. My guideline range on the violation was 5-11 and I got 6, but they killed my paper so when I got out, that was it.

Good luck to you. I hope they fashion a penalty that has more help in mind as opposed to punishment.
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