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.

Related Topics:
1 Lawyer Answer
Lawrence James Arnkoff
Lawrence James Arnkoff
  • 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.

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.