Supervised Release & Probation Violations
A federal supervised-release or probation violation can send you back to prison on a lower burden of proof than the original case — but a revocation hearing is still a hearing you can fight.
How a violation proceeding works
After a federal sentence, many people serve a term of supervised release; some receive probation. If the government alleges a violation — a new offense, a missed condition, a failed test — the court can hold a revocation hearing and, if it finds a violation, impose additional imprisonment. Unlike the original case, the judge only needs to find the violation by a preponderance of the evidence, and there is no jury.
Violation grades and the range
The recommended range on revocation depends on the "grade" of the violation and your criminal-history category, under the Chapter 7 policy statements. Grade classification matters a great deal, and not every alleged breach is a serious one. We work to characterize the conduct accurately and to keep a technical or minor violation from being treated as a major one.
Fighting the allegation and the outcome
A revocation is not automatic. We test the government’s proof, raise legal and factual defenses, and — where a violation is conceded — present the context, the treatment, the employment and the family circumstances that support continued supervision or a minimal sanction instead of a return to custody.