Knoxville, TN asked in Criminal Law for Tennessee

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.

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1 Lawyer Answer

Lawrence James Arnkoff

Answered
  • Criminal Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

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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