Being charged with a federal crime is serious under any circumstances. But if you are currently on probation or parole, whether state or federal, a new federal charge creates a compounding legal crisis. You are now facing two separate legal proceedings simultaneously: the new federal charges and a potential revocation of your existing supervision. Each proceeding can influence the other, and the combined consequences can be devastating.
At Deandra Grant Law, Attorney James Lee Bright has more than 25 years of experience navigating these complex dual-track situations in federal court. Lee understands how federal prosecutors and probation officers coordinate their efforts, and he develops defense strategies that address both the new charges and the supervision consequences.
New Federal Charges While on Federal Supervised Release
If you are on federal supervised release (the federal equivalent of parole) and are charged with a new federal crime, several things happen:
- Your federal probation officer will be notified of the new charges, typically within days.
- A supervised release violation petition will likely be filed, alleging that the new criminal conduct violates the conditions of your release.
- The court may issue a warrant for your arrest on the supervised release violation, which can result in your detention even if you would otherwise be eligible for bail on the new charges.
- Revocation proceedings are typically held after the new case is resolved, but the court has discretion to proceed sooner.
The standard of proof for a supervised release revocation is preponderance of the evidence which is significantly lower than the beyond-a-reasonable-doubt standard required for a criminal conviction. This means you can be found to have violated your supervised release even if you are acquitted of the new charges.
If your supervised release is revoked, the court can impose additional imprisonment based on the severity of the original offense. For Class A felonies, the court can impose up to 5 years; for Class B felonies, up to 3 years; for Class C or D felonies, up to 2 years. This revocation sentence is in addition to any sentence imposed on the new charges.
New Federal Charges While on State Probation or Parole
If you are on Texas state probation and are charged with a new federal crime:
- Your state probation officer will learn of the arrest and may file a motion to revoke or adjudicate.
- State revocation proceedings may be stayed pending resolution of the federal case, or they may proceed in parallel.
- A federal conviction will almost certainly result in revocation of state probation, with the original state sentence imposed.
- Federal and state sentences may run concurrently or consecutively depending on the circumstances and the courts’ decisions.
If you are on Texas state parole, a new federal charge triggers a parole hold. The Texas Board of Pardons and Paroles will issue a blue warrant, and you may be detained on the state hold even if you post federal bail.
Defense Strategy: Managing Both Proceedings
Lee Bright’s approach to dual-track cases involves coordinated defense planning across both proceedings:
- Bail strategy — addressing both federal detention concerns and state/federal supervision holds simultaneously.
- Information management — ensuring that statements and proceedings in one case do not create problems in the other.
- Timeline coordination — strategically sequencing proceedings to protect the client’s interests in both cases.
- Sentencing planning — working to achieve concurrent sentences where possible and preparing mitigation that addresses both cases.
- Revocation defense — challenging the factual basis for revocation, presenting mitigating evidence, and arguing for the lowest possible revocation sentence.
The Stakes: Combined Exposure
The combined exposure from a new federal conviction plus supervised release or probation revocation can be staggering. A defendant facing 5 years on new drug charges who is also on supervised release for a prior federal drug conviction could face 5 years on the new case plus 3 to 5 years on revocation which is potentially 10 years total.
Contact Deandra Grant Law
If you are under investigation or have been charged with a federal offense, contact Deandra Grant Law for a free, confidential consultation with Attorney James Lee Bright. Lee has more than 25 years of federal trial experience and is admitted to practice in all four federal districts in Texas, the District of Columbia, the Fifth Circuit Court of Appeals, and the United States Supreme Court.
Call us at (214) 225-7117 or schedule a free consultation at texasdwisite.com/schedule-an-appointment/. Se habla español: (972) 347-8833.
The defense is ready.
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