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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 20th October 2023, 02:21 pm
Hey there! As a lawyer who has defended many clients accused of violating federal supervised release, I wanted to give you the lowdown on what happens if you mess up while on supervision. I’ll walk you through the process, the potential penalties, and some tips on how to avoid violations. This stuff can get complicated real quick, so I’ll try to break it down nice and simple.
First things first – what is federal supervised release? Well, supervised release is kind of like parole after you serve federal prison time. Lets say you get sentenced to 5 years in prison and 3 years supervised release. You serve your 5 years locked up, then when you get out, you spend 3 years on supervision. During those 3 years, you have to follow certain rules and check in regularly with a probation officer. If you violate the rules, you could end up back in prison.
When you start your term of supervised release, the judge sets certain conditions you have to follow. These usually include things like:
There may be other special conditions too, depending on your offense. The rules vary case by case but breaking any of them could lead to a violation.
Violations happen in a few main ways:
The main point is – there are many ways you can end up violating if you aren’t extremely careful while on supervision.
Ok, so what happens once your probation officer reports a violation? Here’s a quick rundown:
The standard of proof is just a “preponderance of evidence,” much lower than a criminal trial. It’s pretty easy for the government to prove violations, so your chances of beating them at a hearing are slim. In most cases, it’s better to fess up and make a deal.
If you are found to have violated, the penalties can be severe. It all depends on the specifics of your case, your criminal history, and the judge’s discretion. But possible consequences include:
There are other possibilities too, like mandatory counseling or treatment programs. The main takeaway is – violations are taken very seriously and the consequences can ruin all the progress you’ve made during supervision.
The best way to avoid violations is to fully comply with all the conditions imposed by the judge and your probation officer. Easier said than done, I know. Here are some practical tips:
It comes down to using common sense and making smart decisions. Federal supervision is a privilege after doing prison time – don’t squander it!
If you do end up facing violation allegations, speak to a defense lawyer immediately. An experienced attorney can advise you on the best response and may be able to negotiate an agreement with the prosecutor to avoid the harshest penalties. Every case is different, so get individualized legal advice specific to your situation.
I hope this overview gives you a better understanding of federal supervised release and how to avoid the pain of violations. It’s a tricky system to navigate, but taking it seriously and walking the line can help you successfully complete supervision. Stay strong out there!
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