- Winston-Salem, North Carolina
If you’ve been convicted of a federal crime, your sentence may include serving a term of probation or supervised release. Violating the terms of this sentence may subject you to a revocation hearing, where the federal court can impose penalties ranging from revised conditions of your probation or supervised release to the requirement that you serve time in prison.
Don’t make the mistake of going into this revocation hearing alone. Instead, get help from a skilled criminal defense attorney from Greenwood Law. Founding attorney Dylan Greenwood has extensive experience representing clients in probation/supervised release revocation proceedings and securing favorable outcomes on their behalf. His proven record of success has earned him recognition as a Super Lawyers Rising Star, a top ten ranking with the National Academy of Criminal Defense Attorneys, and placement on the Top 40 Under 40 list with the National Trial Lawyers.
Don’t wait to get serious about your defense. Contact Greenwood Law today for an initial case review to discuss how our firm can protect you from having your federal probation or supervised release revoked
In the federal criminal justice system, a district court may order a convicted defendant to serve a term of probation as an alternative to incarceration in federal prison. Probation allows defendants to serve their sentence in the community while under the supervision of federal probation officers. While on probation, a defendant must follow various conditions the sentencing court sets.
Conditions of probation may include general conditions imposed on most or all probationers and specific conditions related to a defendant’s offense or individual circumstances. One of the general conditions of federal probation includes reporting periodically to a probation officer in person or over the phone. Probationers also must update their probation officer with any changes to the probationer’s address, employment, or other personal information. Probation officers may also visit a probationer at home at any time. They may seize any contraband or items that violate the terms of probation in plain view in the probationer’s home.
In the federal criminal justice system, a sentencing court may order a defendant to serve a term of supervised release after completing their prison term. A defendant remains under the supervision of a federal probation officer in the community while serving a term of supervised release. The district court that sentences the defendant to serve supervised release after their prison term sets the conditions of the defendant’s supervised release; courts can impose many of the same conditions for supervised release as they impose for probation sentences, such as the requirement to have regular check-ins with probation officers, maintain stable employment and housing, submit to drug/alcohol testing, and refrain from committing new criminal offenses.
Although supervised release replaced parole in the federal criminal justice system, it differs from parole in several aspects. First, whereas parole grants a defendant early release and allows them to serve the remainder of their prison term in the community, supervised release does not replace any part of a defendant’s prison term. Instead, supervised release serves as an additional period of community supervision after a defendant has completed their prison term.
Second, a federal district judge imposes supervised release as part of a defendant’s criminal sentence and sets the conditions of supervised release; conversely, a parole board can grant parole and establish the conditions of the inmate’s parole. Finally, the federal court retains jurisdiction over defendants on supervised release, whereas a parole board will handle proceedings regarding violations of the conditions of parole.
What qualifies as a violation of probation or supervised release will necessarily depend on the specific conditions imposed on a convicted defendant. That said, some of the most common examples of probation and supervised release violations include:
Federal probation or supervised release violations fall into two categories: technical and substantive. Technical violations include violating the terms of a defendant’s probation or supervised release. A substantive violation occurs when a defendant commits a new criminal offense.
A district court which finds that a defendant has violated the conditions of their probation or supervised release can impose various consequences or penalties on that defendant. A federal court’s response to a violation of probation or supervised release may depend on various factors, such as the defendant’s history of violations or the nature and severity of the violation. For example, a court may impose less harsh consequences for a minor or first-time violation. Potential penalties include requiring more frequent drug/alcohol tests, imposing curfews, or barring a defendant from going to specific places.
Alternatively, the court may revoke a defendant’s probation or supervised release entirely. When the court revokes probation or supervised release, it can impose a new sentence upon the defendant, which may include:
When a probation or supervised release violation involves a new criminal offense, a defendant may also face an additional sentence if convicted of that new offense.
If you’ve been charged with a violation of your probation or supervised release, let a federal criminal defense attorney from Greenwood Law help you seek a favorable outcome by:
Has your probation officer charges you with violating your probation or supervised release? Then you need experienced legal advocacy to protect your rights and freedom. Contact Greenwood Law today for a confidential consultation with our legal team to discuss your options for resolving your probation/supervised release violations.
