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Old 10-21-2020, 10:53 AM
vickilynn0223 vickilynn0223 is offline
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Question Federal Probation Violation

Is there any hope of a defendant not returning to prison if it is recommended by his PO? My bf has a hearing in front of a federal magistrate on Friday. can I go? Is there anything I can do to help? He has seriously turned his life around and did a very small, stupid thing.
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Old 10-21-2020, 11:36 AM
fbopnomore fbopnomore is offline
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The US Magistrate Judge will decide the case after the hearing, and one available option is to reinstate supervised release as it was, or increase the length of SR time. Another choice is to return him to prison for a fixed amount of time. He is entitled to have a lawyer represent him even if he can't afford to hire one, so if he wants appointed counsel, a call to the federal public defender's office will explain the process.

Yes you can attend the hearing, and the judge can allow you, or others to speak. The government's case will be the US Probation Officer's input, and the assistant US Attorney will probably try to make him look like public enemy number one, which is why having a lawyer can be important to the outcome.
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Old 10-21-2020, 12:58 PM
GaReform GaReform is offline
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I would definitely get a lawyer. They don't play with revocations so if the PO wants him sent back he needs someone on his side to show why he shouldn't go back. Get everything positive about him that you can. Work history, community involvement, family support, church connection, etc. You need to show the judge that he made a mistake but that doesn't mean he can't follow rules. Also if there's a family hardship if he goes back make sure the lawyer knows. All the other side has to show is that he messed up. You have to show what's positive about him to balance it out. Good luck!
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Old 10-21-2020, 03:03 PM
vickilynn0223 vickilynn0223 is offline
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fbopnomore, you are a WEALTH of information and assistance. I appreciate you so very much!!! Your answers to my questions and others on this forum have been a blessing to me in my time of crisis. Thanks again!!



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Originally Posted by fbopnomore View Post
The US Magistrate Judge will decide the case after the hearing, and one available option is to reinstate supervised release as it was, or increase the length of SR time. Another choice is to return him to prison for a fixed amount of time. He is entitled to have a lawyer represent him even if he can't afford to hire one, so if he wants appointed counsel, a call to the federal public defender's office will explain the process.

Yes you can attend the hearing, and the judge can allow you, or others to speak. The government's case will be the US Probation Officer's input, and the assistant US Attorney will probably try to make him look like public enemy number one, which is why having a lawyer can be important to the outcome.
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