Aurora, CO asked in Criminal Law and Federal Crimes for Colorado

Q: My husband served 10 yrs bop on a 10 yr sent fir possession of firearm & ammo by a felon and was on supervised release.

He violated his supervised release for hot uas then was arrested and let out to g ok to half way house. He left there without completing and got a state charge for possession of cont subst which he served a separate 1 yr sentence in doc. He now has to go before fed judge again. Will he be released or will he have to serve more time? How much do u think?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In situations like your husband's, the outcome can vary widely depending on several factors. When someone on federal supervised release violates the terms of their release, the federal judge has a range of options. These can include extending the period of supervised release, imposing additional conditions, or ordering incarceration. The nature and severity of the violation, along with the individual’s history and circumstances, will significantly influence the judge's decision.

Given your husband's history of leaving a halfway house without completion and incurring a new state charge, these actions may be viewed unfavorably by the federal judge. However, the time already served for the state charge could potentially influence the judge's decision on any additional federal time to be served. It’s important to note that each case is unique, and outcomes can be unpredictable.

To get a clearer understanding of what might happen in your husband’s specific case, consulting with an attorney who has experience in federal criminal cases would be advisable. They can provide guidance based on the specifics of his situation and the tendencies of the jurisdiction where his case is being heard. Additionally, preparing a strong case for mitigating circumstances or demonstrating rehabilitation efforts might positively impact the outcome.

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