Following arguments by federal criminal defense attorney Thomas Kenny, a federal judge ruled this week that our client on federal supervised release would face no violation penalties in connection with multiple infractions allegedly committed while on supervision.
As a result, our client will walk free next week and will no longer be subject to the terms and conditions of federal supervised release. This client gets a brand new start.
The client was originally on supervised release as part of a federal sentence for obtaining controlled substances by fraud, and aiding and abetting others who obtained controlled substances by fraud.
After his release from federal prison, the client had to serve a term of supervised release. It is a way the United States Office of Probation and Pretrial Services attempts to reintegrate former federal inmates back into society. It often entails many rules and conditions which, if broken, can result in a judge ordering more supervision, stricter conditions, or jail time.
Earlier this year, the Court found the client in violation of multiple counts of the terms of his supervised release and ordered a sentencing date in the future and allowed the client to remain out of jail on January 7, 2021.
While out on continued supervised release, the client allegedly further violated his supervision by special conditions including:
5) client must submit to home detention; 9) client must not associate with any persons involved in criminal activity and persons convicted of felonies; and 7) defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance except as prescribed by a physician.
At the sentencing hearing this week, the Honorable Court declined to find additional violations for the above alleged issues, a huge victory. These special condition violations are known as Grade C violations and would have subjected our client to 8-14 months of additional incarceration.
As a result, our client’s sentence essentially amounted to time served and will be walking out the front door of prison next week. The best part? No more federal supervised release.
Our client is now free to seek the employment, housing, and medical treatment that makes the most sense for him, without worrying about whether he has accidentally travelled too far beyond his jurisdiction or having to remember to check in all the time with his assigned probation officer.
If your loved one needs help with a federal criminal matter (or any criminal defense matter!, call or text the team at Kenny, Burns & McGill today for a no obligation consultation at (215) 423-5500.
Our attorneys are experienced in criminal defense issues and will fight tirelessly to protect your rights or the rights of your loved one. Contact us today to find out how we can help.
By
Kenny, Burns & McGill
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Published
April 30, 2021
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Posted in
Criminal Defense
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Tagged Criminal defense, Federal, Philadelphia, Probation, probation violation
