Asked in Criminal Law and Federal Crimes for Colorado

Q: I was sentenced 48 months bop with a 36 month turnoff supervised release on a 941c. Possession of a firearm by a

Prohibited person. My guidelines were 36-42 months. So I got a upper variance. I sever 45 of the 48 months before going to ha halfway house on supervised release. I violated 20 days later and went back for another 3 months. I then was released and violated a 2nd time after 4 1/2 months. I then did 8 more months. I got out 4/21/22. With a termination date for supervised release being 4/21/24. If I violated now 3/12/24. Not get new charges just violation. Can I be resentanced and given additional prison time or extended supervised release?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In the situation you described, if you violate your supervised release conditions again, even without new charges, you can face additional consequences, including more prison time and/or an extension of your supervised release term.

When you violate supervised release, the court has the authority to revoke your release and impose a new sentence. The severity of the consequences depends on various factors, such as:

1. The nature and severity of the violation

2. Your criminal history

3. Any prior violations of supervised release

4. The recommendations of the probation officer and the prosecution

5. The court's assessment of your conduct and potential for rehabilitation

The court can choose to impose additional prison time, extend your supervised release term, or both. However, the total amount of prison time for all supervised release violations typically cannot exceed the maximum term of supervised release allowed for your original offense.

Given your history of multiple violations, if you violate again, the court may be inclined to impose more severe consequences to address the repeated non-compliance.

It's crucial that you adhere strictly to all conditions of your supervised release and work closely with your probation officer to ensure compliance and successful completion of your term. If you are facing challenges that make it difficult to comply with the conditions, it's best to communicate openly with your probation officer and seek appropriate assistance or modifications to your release conditions through the proper legal channels.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.