Q: In federal court, if violated for failure to report with 11 months left on a 5 year term, how much time can they receive
It is first violation, the individual has had one dirty ua over the span of 4 yrs, but did not get violated on it. Was put on color code random drug screens for several months and had no issues.
A: I would need more information to answer this with any certainty. I do not practice
in the Eastern District where the violation occurred but in the Middle District
it would be highly unlikely any period of incarceration would be imposed. Knowing
what the guideline range is for the violation will tell you how much incarceration
is possible. I had a client recently fail several drug screens, testing positive for marijuana.
Probation filed the violation but agreed to recommend holding off any punishment for ninety days. During that time my client was screened multiple times without testing positive.
After the 90 days we reached a joint recommendation with the Government to recommend
a dismissal of the violation. Depending on how severe the individual's substance abuse
problem is his or her attorney should be able to negotiate some alternative to jail and maybe
seek early termination of supervised release.
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