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Roger
Roger, Lawyer
Category: Criminal Law
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federal violation probation

Resolved Question:

im facing a federal probation violation and i need legal advice ASAP! my PO wants me to come in tomorrow and sign a paper for halfway house or otherwise go to see the judge for a hearing. the violation is for a dui that happened a year ago and has since been resolved as well as a postive drug test. problem is, halfway house will destroy my career and some business relationships ive worked several years to build. i should mention my PO does not care for me much but is halfway house the best to hope for at this point?? one last thing, i require advice before 9:00am est, 5/1/2013 or its of no use.  thanks

Submitted: 11 months ago.
Category: Criminal Law
Expert:  Roger replied 11 months ago.
Hi - my name is XXXXX XXXXX X'X a Criminal Law litigation attorney. Thanks for your question.

A halfway house is certainly not something to be desired, BUT if you refuse to do that and go before a judge on a probation violation, the judge is likely to revoke your probation and order you to serve the jail time that was deferred in the original sentence handed down to you. Thus, it's likely that the penalty would be much more serious - - and cause you more trouble - - than going to a halfway house.
Customer: replied 11 months ago.

i guess what i need to know are there mitigating factor i can use at the hearing that could get me something less than the sanction my PO is offering? if so, i would like to go into slight more detail and perhaps you can give me sound advice as to whether my chances improve at all? Also, i should note that im technically on supervised release and not probation; i served my entire time in prison, no parole or back time. Second, i have repeatedly asked for help in obtaining a psycologist or treatment as i cannot afford one on my own without insurance.

Expert:  Roger replied 11 months ago.
You never know for sure what a judge may do, but in MY experience representing clients, the judges are much harder on probation violations than the probation officers are.

The problem is if you're caught violating the terms of probation or post-release supervision, there's really no defense to the violation and the judge is much more likely to just send a person back to jail than to give them another shot. PO's, on the other hand, are usually a little more forgiving.

However, if you are not interested in the halfway house idea, you certainly can take your chances, but it's going to be hard to defend against the violations if you were caught dead to rights. Instead, the only thing you would be doing is asking the judge for mercy, and who knows what the judge may do.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 25214
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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