If you were found guilty of a federal crime, you were likely sentenced to supervised release after serving time in prison. Supervised release is similar to probation: you are monitored by a federal probation officer, must comply with court-ordered conditions, and forgo certain rights.
A violation of federal supervised release occurs when you commit a new crime or fail to comply with your release conditions. Consequences may include additional incarceration in a federal prison. Depending on the severity of the violation, the court may either issue a warning or revoke your supervised release. You are entitled to a revocation hearing, and having an experienced federal defense attorney is crucial.
As the Ninth Circuit stated in United States v. Hammons, 558 F.3d 1100, 1104 (9th Cir. 2009), “at revocation sentencing, a court may appropriately sanction a violator for his breach of trust, but may not punish him for the criminal conduct underlying the revocation.”
Understanding Federal Supervised Release Violations
One of the most complex issues in supervised release violations is determining the length of incarceration and post-revocation supervision. The US Sentencing Guidelines categorize violations by severity:
Violation Grades
- Grade A Violations – Serious offenses, including crimes of violence, controlled substance offenses, or possession of firearms/destructive devices, or any offense punishable by more than 20 years.
- Grade B Violations – Other federal, state, or local offenses punishable by more than 1 year of imprisonment.
- Grade C Violations – Minor offenses punishable by 1 year or less, or violations of other conditions of supervision.
For Grade A and B violations, the probation officer must promptly report to the court, and a hearing is required. Potential penalties for these violations may include up to 63 months in federal prison, depending on your criminal history category.
For Grade C violations, your federal defense attorney may argue the violation is minor, non-repetitive, and does not pose a risk to the public. In such cases, a probation officer may not report the violation to the judge. If a Grade C violation goes to court, the potential sentence ranges from 3 to 14 months, depending on criminal history.
Maximum Exposure for Supervised Release Violations
Under 18 U.S.C. § 3583(e)(3), the court may revoke supervised release and impose additional imprisonment:
- Class A felony – up to 5 years
- Class B felony – up to 3 years
- Class C or D felony – up to 2 years
- Any other offense – up to 1 year
The court can revoke all or part of the supervised release term without credit for time already served on post-release supervision.
Federal Supervised Release Violation Defense
If you are accused of a federal violation of probation or supervised release, an experienced San Diego federal defense attorney can:
- Evaluate the severity of your violation
- Challenge inaccurate or unsubstantiated claims
- Negotiate with probation officers to reduce penalties
- Represent you during revocation hearings
Attorney Anton Vialtsin has years of experience defending clients accused of federal crimes in San Diego and across California.
FAQ – Federal Supervised Release
Q: What is supervised release?
A: Supervised release is a court-ordered period of monitoring after serving a federal prison sentence. It is similar to probation and comes with conditions set by the court.
Q: What happens if I violate supervised release?
A: Violations can include committing a new crime or failing to follow conditions. Consequences range from a warning to additional imprisonment.
Q: Do I get a hearing if my supervised release is revoked?
A: Yes. You are entitled to a revocation hearing, and it is critical to have an experienced attorney represent you.
Q: How long can I be sent back to prison for a violation?
A: Maximum penalties depend on the original offense and violation grade: up to 5 years for Class A felonies, 3 years for Class B, 2 years for Class C or D, and 1 year for other offenses.
Q: Can a lawyer help reduce penalties?
A: Yes. A federal defense attorney can negotiate with probation officers, present mitigating circumstances, and defend you at the revocation hearing.
Contact a San Diego Federal Attorney
If you have been charged with a federal violation of probation or supervised release, contact LAWSTACHE™ LAW FIRM immediately. Our office is located in downtown San Diego. Call (619) 357-6677 or email us to schedule a consultation.
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