What are possible sanctions for an alleged violation of federal probation or supervised release?

When there’s an allegation that you violated your federal probation or Supervised Release, revocation proceedings will usually begin. The law and rules that govern these revocation hearings can be found in the Federal Rules of Criminal Procedure, Section 32.1.[998] There will be a series of steps that you will follow in a revocation hearing, from appearing in front of a Magistrate Judge, to attending a Probable Cause Hearing, and finally attending a Revocation Hearing. The steps below are a general outline of the revocation process, and possible outcomes:

Initial Appearance

Whenever someone is first taken into federal custody or has been cited/summoned to federal court, he or she has an initial appearance before a Magistrate Judge. This appearance allows the Court to advise you of the charges, set a preliminary hearing date (unless waived or you are out of custody) and direct you to the District Judge presiding over your case.

NOTE: If you are arrested outside of the federal district that has jurisdiction over your case (usually the place where you are being officially supervised), then you have additional rights at this Initial Appearance stage. First, you have the right to an “Identity Hearing,” where the government must show only that you are the person named in the warrant for arrest, not that you actually committed the crime. Second, you have the right to receive a reliable certified electronic COPY of the original revocation petition that was filed (this right to receive a copy of the revocation petition is called “Arrival of Process”).[999]

Probable Cause Hearing

Know Your Rights! If you are held in custody for an alleged violation of your federal probation or Supervised Release, then you have the following rights:

    You must receive a prompt hearing to determine if there is “probable cause” to hold you for a revocation hearing (a.k.a. the “probable cause hearing”).[1000] If you are in custody, you only receive what is called a “probable cause hearing.” This will usually happen within one week, but “prompt” does not have a specific timeframe, so it could be longer.[1001]
    You must be given notice of the hearing.[1002]
    You must be given an opportunity to appear and present evidence, an opportunity to question opposing witnesses (if requested), and be told of your right to an attorney.[1003]
    The Rules of Evidence are more relaxed; hearsay is allowed. This means that the judge can consider evidence (testimony, photographs, etc.) that he would not be able to consider in a full criminal trial.
    You will usually appear before the same judge who sentenced you. The judge will explain your rights and make sure you have a lawyer.
    If you are not held to answer (i.e., probable cause is not found), then the allegations will be dismissed. If you are held to answer (i.e., probable cause is found), then you will be directed to a District Judge to enter an admission or denial to the allegations.[1004] If you admit the allegations, the Judge will either set a future date for sentencing or sentence you right then and there. However, if you deny the allegations, then you go to a revocation hearing.

IMPORTANT NOTE ABOUT PENDING CRIMINAL CHARGES AGAINST YOU & THE REVOCATION PROCESS: Unless your lawyer advises you otherwise, do not admit a violation that’s based on pending criminal charges until the pending charges are resolved. Admitting to criminal conduct during the revocation hearing in federal court could then be used against you in your pending criminal case. It’s best to consult with your attorney to figure out what to do in your situation.

Revocation Hearing

You have the right to a revocation hearing before a District Judge within a reasonable time in the district that has decision-making power (called “jurisdiction”) over your case[1005]

Know Your Rights in the REvocation Process

    You must be given notice of the hearing.[1006]You must be given written notice of the charges against you (i.e., the alleged violation of your supervision).[1007]You must receive notice of your right to an attorney. If you can’t afford an attorney, you will be appointed a Federal Public Defender in your District, or another court-appointed defender.You must have the opportunity to appear at the revocation hearing.[1008]You must have an opportunity to see the evidence against you, as well as the opportunity to present your own evidence;[1009]The Rules of Evidence are more relaxed; hearsay is allowed. This means that the judge can consider evidence (testimony, photographs, etc.) that he would not be able to consider in a full criminal trial.Additional constitutional rights described in http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf (pp. 6-7).
  1. 1000

    See Fed. R. Crim. P. § 32.1(a)(1).

  2. 1001

    For example, if you are in custody doing time on a state charge, and that state charge serves as the violation of your SR, the PO can wait until your state sentence is over before bringing you to have your PC hearing even though the PO may have filed the violation petition and the warrant issued at the start of the client’s sentence in state prison. A state defendant could be serving a 15-year state sentence such that his 5-year term of SR would have expired by the time he is done with his state time. However, so long as the petition was filed within the supervised release period, then there is an argument to be made that he can still be sent to prison on a federal violation. Perhaps most judges would not do this, but it is a possibility.

  3. 1002

    See Fed. R. Crim. P. § 32.1(a)(1); http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf, p. 3.

  4. 1003

    See Fed. R. Crim. P. 32.1(a)(1); http://www.ussc.gov/sites/default/files/pdf/training/online-learning-center/supporting-materials/Revocation-of-Probation-and-Supervised-Released.pdf, Page 3.

  5. 1004

    Fed. R. Crim. P. 32.1(a)(2).

  6. 1005

    Fed. R. Crim. P. 32.1(a)(2)

  7. 1006

    Fed. R. Crim. P. 32.1(b)(1)(B).

  8. 1007

    Fed. R. Crim. P. 32.1(b)(2)(A).

  9. 1008

    See U.S. v. Pelensky, 129 F.3d 63 (2d Cir. 1997); U.S. v. LeBlanc, 175 F.3d 511 (7th Cir. 1999); U.S. v. Stocks, 104 F.3d 308 (9th Cir. 1997).

  10. 1009

    Fed. R. Crim. P. 32.1.

  11. 998

    See Fed. Rules Crim. P. § 32.1.

  12. 999

    An Identity Hearing usually consists of a law enforcement officer testifying about what information they received from the charging district in order to determine that you were the person who was named in the arrest warrant. Arrival of Process is usually satisfied by an email copy of the certified petition.