Federal Probation Violations

Understanding Federal Probation Violations

Federal supervised release (commonly called probation) violations can result in revocation of your supervised release and significant additional imprisonment. The consequences of a violation can be severe, particularly for individuals who have already served lengthy federal sentences. Our attorneys represent clients at every stage of the violation process, from the initial allegation through the revocation hearing, fighting to keep our clients out of prison and on supervised release.

Types of Federal Supervised Release Violations

Federal supervised release violations fall into three categories: Grade A violations (conduct constituting a federal, state, or local offense punishable by more than one year), Grade B violations (conduct constituting an offense punishable by imprisonment of one year or less), and Grade C violations (violations of any other condition of supervision, such as failing drug tests, missing meetings with a probation officer, leaving the district without permission, or failing to maintain employment). The grade of violation determines the recommended revocation sentence under the policy statements in the Federal Sentencing Guidelines.

The Revocation Process

When a federal probation officer believes a violation has occurred, they submit a violation report to the court and may request a warrant for the defendant’s arrest. The defendant is entitled to a preliminary hearing within a specified timeframe and a final revocation hearing at which the government must prove the violation by a preponderance of the evidence. At the revocation hearing, the defendant has the right to counsel, the right to present evidence and witnesses, and the right to cross-examine adverse witnesses (with certain limitations).

Defense at Revocation Hearings

Our defense approach to revocation hearings includes challenging the factual basis of the alleged violation, presenting mitigating evidence and circumstances, proposing alternative sanctions short of incarceration (such as more restrictive conditions, substance abuse treatment, or community service), and arguing for the lowest appropriate revocation sentence. In cases involving new criminal conduct, we coordinate the defense of the new charges with the supervised release violation proceedings.

The maximum revocation sentence depends on the grade of the original offense of conviction. For Class A felonies, the maximum is 5 years; for Class B felonies, 3 years; for Class C or D felonies, 2 years; and for Class E felonies or misdemeanors, 1 year. Some offenses carry mandatory revocation provisions. Contact us immediately if you are facing a federal supervised release violation.

Defense Strategies We Use

Frequently Asked Questions