How long is my supervision under federal probation?

The maximum term of probation that can be imposed depends on the type of conviction offense:[899]

    FELONY CONVICTION: Minimum 1 year to maximum 5 years; or
    MISDEMEANOR CONVICTION: Maximum 5 years.
    INFRACTION: Maximum 1 year.[900]

Therefore, to know the range of time you could be sentenced to federal probation, you will need to know if you were convicted of a felony, misdemeanor, or infraction. If you aren’t sure, ask your federal public defender or your probation officer.

  1. 899

    There are three types of crimes in the federal criminal justice system: Felonies, Misdemeanors, and Infractions. Felonies are offenses for which a term of imprisonment of more than one year is possible. Misdemeanors are offenses for which a term of imprisonment no greater than one year may be imposed. Finally, Infractions are offenses for which the term of imprisonment may be no longer than five days. See 18 U.S.C. § 3559.

  2. 900

    18 U.S.C. § 3561(c)(1)(3). The United States Sentencing Guidelines provide a recommendation to sentencing judges based on a number of factors, including the seriousness of the instant offense and the defendant’s prior criminal record. Ultimately, this recommendation is reflected in a Guideline Sentencing Range sitting at the intersection of the applicable Offense Level and Criminal History Category. See United States Sentencing Guidelines 2014 Sentencing Table, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2014/2014sentencing_table.pdf; U.S.S.G. § 1B1.1 General Application Principles, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2014/GLMFull.pdf. The Sentencing Guidelines recommend that probation be imposed for at least one year, but no longer than five years, if the Guideline Offense Level is 6 or greater. When the Guideline Offense Level is less than 6, the Guidelines recommend probation be imposed for no greater than three years. See U.S.S.G. § 5B1.2(a), Term of Probation, http://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2013/manual-pdf/2013_Guidelines_Manual_Full.pdf.