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Federal Probation Explained

August 19, 2012 by Kevin Mahoney

The Federal Government is Watching You – Probation and Supervised Release in Federal Criminal Cases 

As most Federal Criminal Defense Lawyers will explain to their clients, the federal government carefully monitors criminal defendants during probation and supervised release.

Federal Probation 

You may be placed on probation in one of three ways: 

  • The court might sentence you to probation. In that instance, if you violate the terms of your probation, then your probation will be revoked and the court may impose any sentence, up to the maximum, allowed by the statute or the sentencing guidelines.
  • The court might suspend imposition of a sentence and, instead, place you on probation. In that instance, if you violate the terms of your probation, the court can re-sentence you to any amount of incarceration up to the statutory maximum. 
  • The court might impose a sentence, but suspend the execution of the sentence. In that case, if probation is violated, you will have to serve the jail time to which you were originally sentenced.

Probation allows the government to monitor a federal criminal defendant and, simultaneously, allows the defendant to avoid jail time. You should also be familiar with another means of government monitoring of criminal defendants — “supervised release.” In federal cases, there is no parole. Instead, after a defendant has served his full sentence (with the possibility of a 15% reduction in time for good behavior), he will serve a period of supervised release (typically 3 to 5 years). If the defendant violates any of the conditions of the supervised release, he can be sentenced to further incarceration.  

Contact Boston criminal defense attorney, Kevin J. Mahoney

If you are facing federal criminal charges and you are worried about the uncertainty of your future, contact an experienced Boston criminal lawyer to discuss your rights and your legal options. Please call us at 617-492-0055 to schedule a time to meet to discuss your case.

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Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
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About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

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  • NS, a DUI client,about 1 month ago

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    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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