Supervised Release Violations

What supervised release means

After a federal prison sentence, most people serve a period of supervised release: they live in the community and report to a U.S. Probation Officer, following conditions set by the judge. Federal probation (a sentence served in the community instead of prison) works in a similar way.

A violation is an accusation that one of those conditions was broken, for example:

• A new arrest or charge
• A failed or missed drug test
• Missing a meeting with your probation officer, or leaving the area without permission
• Not completing treatment, or not keeping a job or a place to live

When a violation is reported, the probation officer may ask the judge to act, often through a petition to revoke supervised release.

What may be at stake

Depending on the violation and your history, the judge may:

• Continue your supervision as it is
• Add conditions, such as treatment or a halfway house
• Revoke supervised release and send you back to prison, possibly followed by more supervision

A revocation hearing is not a trial: there is no jury, and the judge decides. That makes preparation especially important.

How a violation case usually moves

Every case is different, and the steps and timing can vary. In general:

1. The report or petition. The probation officer reports the violation to the judge, who may issue a summons or a warrant.
2. First appearance. A magistrate judge decides whether you will be held or released until the hearing.
3. Preparation. Your attorney reviews the accusation and gathers proof of what you have done well.
4. The revocation hearing. The district judge hears both sides and decides what happens next.

How our attorneys help

• We act quickly when there is a warrant or summons.
• We gather proof of your progress: work, treatment, family support and time in compliance.
• We look at whether the violation can be proven, and what explains it.
• We present the judge with a realistic plan for keeping you on track.