What is federal probation?

After you are convicted of a federal crime, federal probation is often used as an alternative sentence to prison time.[893] That means that federal “probation” is considered a sentence in itself. For the most part, if you are placed on federal probation, you must report to your assigned probation office and comply with all the terms and conditions (rules) of your federal probation.[894]

  1. 893

    A defendant may receive a sentence of probation unless he or she is convicted of a Class A or B felony; probation is prohibited by statute of conviction; or the defendant is sentenced at the same time to imprisonment. 18 U.S.C. § 3561(a). A court’s authority to impose probation is based solely on statute. See Affronti v. U.S., 350 U.S. 79, 83 (1955). The authorized length of probation is between one and five years for a felony; not more than five years for a misdemeanor; and not more than one year for an infraction. 18 U.S.C. § 3561(c).

  2. 894

    18 U.S.C. § 3563(b)(15). Ever since 1984 (the time when the “Sentencing Reform Act” went into effect), federal criminal courts; see also United States Sentencing Commission, Guidelines Manual, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2012/manual-pdf/Chapter_7.pdf.