Can I Get Probation for a Federal Crime?
The short answer to whether or not you can get probation for a federal crime is, yes. You can receive probation for a federal crime, although it is rare and dependent upon several factors. If you have committed a misdemeanor or a Class C, D, or E felony then probation may be possible. However, if your committed crime was a Class A or B felony then prison time is required. If you have been accused of committing a federal crime, you have been accused of breaking a national law and should immediately speak with a federal criminal defense attorney right away. Call us at (314) 900-HELP or contact us online for a free, confidential consultation.
What Improves the Chances of Receiving Federal Probation?
The number one way to have the best chance at getting federal probation is by hiring a skilled federal criminal defense attorney right away. They can work with you to develop the best strategy to lower your offense level, thus lowering your sentencing. Other ways you can improve your chances of federal probation include:
- Voluntarily offering to pay the court restitution,
- Avoiding new legal troubles,
- Supplying character references,
- Starting treatment plans, if applicable,
- Keeping a steady job,
- Accepting responsibility for your crime through a favorable plea deal.
How Probation Works in Federal Court
Federal crimes in the United States are prosecuted by our District Court system and follow many structured Federal Sentencing Guidelines. These guidelines, along with laws passed by Congress (federal statutes) and mandatory minimum sentencing laws, are the heart of what will make up a defendant’s sentencing provisions and whether or not they will get probation.
In many cases, it is very tough to receive probation for a federal crime and it’s classified as a “court-ordered, community-based sentence for federal crimes that acts as an alternative to incarceration.” It’s important not to confuse probation with supervised release. Probation avoids prison, whereas supervised release happens after serving prison time.
Federal probation typically lasts one to five years and focuses on re-entry into society and rehabilitation with an emphasis on community safety. The main goal of federal probation is to give offenders time to show they can live responsibly in their communities and follow the rules imposed upon them by the court. Once sentenced, in accordance with 18 U.S.C. 3563, you must report to the probation office in the district where you are authorized to reside within 72 hours.
What are the Conditions for Federal Probation?
Just because you have received a probation sentence, you are not in the clear yet. Standard rules for federal probation are very strict and are conducted by the U.S. Probation and Pretrial Services System. Regular reporting to your probation officer is critical, as well as upholding all of the agreements you made with the court. Violating these conditions can result in revocation of probation and serving prison time. Common conditions placed on offenders include:
- Not committing another federal, state, or local crime,
- Not leaving the judicial district without permission,
- Working regularly (at least 30 hours) at lawful employment,
- Not possessing a firearm or destructive device,
- Drug testing,
- Home confinement or electronic monitoring, if ordered by the judge,
- Community service,
- Financial restitution payments.
What Happens if I Violate Federal Probation?
If any federal probation conditions are violated, your probation officer will immediately report this to the court. Violations can result in a warrant, a revocation hearing, and potential imprisonment.
Should I Plead Out or Go to Trial?
If you plead guilty, jail time will be deducted from your sentence so this puts an enormous amount of pressure on you to comply. However, this isn’t always the best strategy. The best line of defense is to speak with a federal criminal defense lawyer who is experienced with both plea negotiations and trial.
Tips for Reporting for Federal Probation
- Make sure you understand all of the conditions of your probation to avoid violations,
- Never lie to your probation officer about anything as your statements will be documented,
- Have all necessary documents (such as ID, proof of residency and employment),
- Admit mistakes early if you miss a requirement and promptly fix them.
While it is possible to get probation for a federal crime, it is rare and not offered for certain felonies or crimes with mandatory minimum sentences. Typically, first-time offenders, non-violent offenses, or cases with low sentencing guidelines are the only ones who will be eligible for federal probation. A good federal criminal defense attorney will present a full picture of you to the judge and help to navigate a strategic plan that reduces your criminal penalties.
Speak to a Federal Criminal Defense Lawyer Today
If you are facing a federal crime charge it’s important to have a knowledgeable criminal defense attorney to protect your rights and tailor a strategic plan for your unique situation. It may be possible for you to get probation, but you have to act fast. Your future could depend on it. Call (314) 900-HELP or contact us online, to schedule a free consultation today.
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