After a warrant or summons is issued, what happens?

This is the general process of what happens:

    You will be either taken into custody, usually in the nearest government-approved jail or detention center, or summoned to appear at a hearing.[1073]
    If you have been convicted of a new offense, a Probation Officer will personally advise you of your legal rights and conduct a preliminary interview.[1074]
    The Regional Commissioner will pick an official to conduct a preliminary interview with you —this official could be a U.S. Probation Officer in the district where you are confined, so long as it is not the same U.S. Probation Officer who recommended that you be arrested.[1075]
    You’ll go through a preliminary interview (sometimes called a probable cause hearing) by the official, which will be used to help the U.S. Parole Commission determine if there is probable cause to believe you actually violated your parole conditions. If the Parole Commission finds probable cause, then it must decide whether to conduct a final revocation hearing.[1076]

You have rights at the preliminaty interview or hearing:

YOU HAVE THE RIGHT TO ASK FOR AN ATTORNEY & INVITE WITNESSES TO THE PRELIMINARY HEARING![1077]

At the beginning of the preliminary interview, the interviewing officer must:

    Verify that you received the Warrant Application (as required by § 2.46(b));[1078]Advise you of your right to have the preliminary interview postponed so that you have time to get an attorney to represent you or to arrange for witnesses to attend on your behalf;[1079]Tell you that if you cannot afford an attorney, you can apply to a U.S. District Court for appointment of counsel to represent you at the preliminary interview and the revocation hearing (pursuant to 18 U.S.C. 3006A). You do not have a constitutional right to have an attorney at your revocation hearing, but you can request an attorney and may have one appointed to you. You will most likely qualify for an attorney if you cannot afford one.[1080]
YOU HAVE THE RIGHT TO ASK THE PAROLE COMMISSION TO MAKE WITNESSES WHO PROVIDED INFORMATION LEADING TO YOUR REVOCATION CHARGE APPEAR AT THE PRELIMINARY INTERVIEW—
    You should request that the Commission bring in anyone who has given information that it will use in its decision to revoke or reinstate your parole. Such adverse witnesses shall be requested to attend the preliminary interview unless (1) you admit a violation; or (2) have been convicted of a new offense while on supervision; or (3) the interviewing officer finds good cause for their absence.[1081] The Parole Commission may subpoena (meaning order through the court) witnesses who are against your interest (adverse) and the production of documents.[1082]
AT THE PRELIMINARY INTERVIEW, THE INTERVIEWING OFFICER MUST:
    Review the violation charges with you;Tell you about the evidence which has been presented to the Parole Commission;[1083]Take statements of witnesses and documentary evidence on your behalf; andAllow cross-examination of those witnesses in attendance.
AT THE CONCLUSION OF THE PRELIMINARY INTERVIEW, THE INTERVIEWING OFFICER MUST:
    Tell you his or her recommended decision as to whether there is probable cause to believe that you violated the conditions of your parole.Tell you recommendation and the basis for it.Submit to the Parole Commission a summary of the preliminary interview along with the officer’s recommended decision.[1084] In this report, the interviewing officer will recommend (1) whether there is “probable cause” to believe that a violation has occurred AND (2) whether you should be held in custody pending a revocation hearing or be reinstated to your parole supervision.

NOTE: A Finding of Probable Cause is not a revocation.

Just because an interviewing officer finds “probable cause” to believe you violated your parole, does not mean that your parole has been revoked. It just means that there is reason to believe you did what the warrant says you did—you will still have a chance to be reinstated at your Final Revocation Hearing. “Probable cause” is a very low standard, meaning an interviewing officer will most likely find “probable cause,” but you can still be reinstated at your Final Revocation Hearing.

    After the interviewing officer’s report is received, the Parole Commission will either order you reinstated to supervision or order that a Hearing Examiner hold you in custody for a revocation hearing.
    Even if the Commission finds probable cause to believe you have violated the conditions of your parole, it may still order you reinstated back to parole supervision or release you pending further proceedings if:
    Continued revocation proceedings are not warranted; OR
    Keeping you in jail is not necessary because you have not violated multiple times or the charge you are facing is not serious, and you are likely to appear for further proceedings, and don’t constitute a danger to yourself or others.[1085]
    If you are convicted of a new offense, you do NOT have the right to a preliminary interview because the conviction is sufficient evidence (probable cause is automatically shown) that you violated your conditions of parole. In that case, you may be immediately taken to a federal institution for a revocation hearing.[1086]
  1. 1073

    28 C.F.R. § 2.48(g) ↑

  2. 1074

    28 C.F.R. § 2.48(c). ↑

  3. 1075

    28 C.F.R. § 2.48(a). ↑

  4. 1076

    28 C.F.R. § 2.48. ↑

  5. 1077

    28 C.F.R. § 2.48(b). ↑

  6. 1078

    28 C.F.R. § 2.48(b). ↑

  7. 1079

    28 C.F.R. § 2.48(b). ↑

  8. 1080

    18 U.S.C. 3006A(a)(1)(E). ↑

  9. 1081

    28 C.F.R. § 2.48 (b). ↑

  10. 1082

    28 C.F.R. §§ 2.48; 2.51. ↑

  11. 1083

    Disclosure of the evidence presented to the U.S. Parole Comm’n must be made pursuant to 28 C.F.R. § 2.50(d). See also 28 C.F.R. § 2.48(c). ↑

  12. 1084

    28 C.F.R. § 2.48. ↑

  13. 1085

    28 C.F.R. § 2.48(e)(2). ↑

  14. 1086

    28 C.F.R. § 2.48(f). ↑