Federal Revocation and Sentencing Proceedings

By May 29, 2014 May 22nd, 2017 blog post

If you have previously served a federal prison sentence, you will have been placed on supervised release. If you are on supervised release, you must generally be required to report to a “probation” officer and will be required to comply with many specific conditions of release.

If the government or a probation officer supervising an offender believes that the defendant has violated one or more conditions of supervised release, the government or the probation officer is authorized to file with the court a petition to revoke supervised release; the petition need not be filed by an attorney for the government. The petition serves as the “written notice of the alleged violation” of the conditions of the defendant’s supervised release. In response to the petition, a court may issue a summons or an arrest warrant. If the court fails to issue a summons or warrant before the date that an offender’s term of supervision expires, the court loses jurisdiction to revoke supervised release (even if the probation officer’s petition to revoke is filed during the supervised release term) (18 U.S.C. § 3583(i); see also United States v. Janvier, 599 F.3d 264 (2d Cir. 2010)).

If a summons or warrant is filed prior to the expiration of the supervised release term, the accused has the right to a hearing to determine if a violation has occurred and/or if a revocation is warranted. Each United States District Judge has his or her own particular idiosyncrasies with regard to these hearings and it is highly recommended that a person accused of a violation of supervised release work with a highly experienced federal defense attorney.

Federal Revocation and Sentencing Proceedings

If it is alleged that you violated conditions of your supervised release, a lawyer can be instrumental in persuading the judge that you remain a qualified candidate for supervised release.

The attorneys of LEWIS & DICKSTEIN, P.L.L.C., are strong advocates for individuals accused of violating supervised release. Based in the Detroit area, we represent individuals across Michigan. The conditions of a person’s supervised release are tailored to the nature of their conviction. Violation of a supervised release can occur in a number of different ways such as:

  • Not reporting to your probation officer
  • Failing a drug test
  • Allegations of new criminal activity
  • Failing to pay fines or restitution
  • Failing to submit monthly reports

You are entitled to a hearing in these situations. In these hearings, however, you are not entitled to a jury of your peers. If the judge finds by a preponderance of the evidence that you violated your supervised release, you can be returned to prison.

Often, working with your probation officer before you appear in court can be helpful. We can discuss your situation with your probation officer and demonstrate all the reasons why you remain a viable candidate for supervised release. If you have been charged with a new crime, one of the Federal Criminal Attorneys with our law firm can defend you against that crime as well. All of our efforts will be geared to protecting your rights and achieving a favorable result.

Contact LEWIS & DICKSTEIN, P.L.L.C., for a Free Initial Consultation. If your probation officer has claimed you violating conditions of supervised release, contact our law firm immediately. We offer a free initial consultation and flexible fee arrangements depending on the nature of your case. Call us at (248) 263-6800 or kindly complete a Request for Assistance Form and a highly qualified federal defense attorney will promptly contact you.

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