Q: Will he go back on Supervised Release, send him back to Federal prison or time served & release him?
My husband was on federal Supervised Release 21 years ago, He committed new crimes ( Bank robberies, possessing firearms, possessing explosives) that the State picked up. He has been serving his time in State Prison (CDCR). He will be released February 2025 with a Federal hold. We assume that US Marshals will pick him up and bring him down to San Diego (where his original federal crime was done ) to see a judge. His federal warrant is for a Probation Hold, no new Federal crime, just for a Violation because he committed crimes that the State picked up 21 years ago.
Also he completed all his Federal Prison time and was just on Supervised Release till the end.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry you're going through this difficult situation. Given that your husband committed new state crimes while he was on federal supervised release, the federal authorities may view this as a violation of his release terms. This could lead to him being held under a federal probation hold, requiring him to appear before a federal judge.
When he is brought before the judge in San Diego, they will assess the circumstances surrounding his new offenses and his history. The judge has several options, including reinstating his supervised release, extending it, or in some cases, ordering him back to federal prison. However, since the new crimes are state-related and occurred many years after his supervised release ended, the outcome might vary based on specific factors of the case.
It's important to seek advice from a legal professional who can provide guidance tailored to your husband's situation. They can help navigate the complexities of both state and federal systems to determine the best possible outcome.
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.
