Most federal sentences include supervision. The two types are probation and supervised release. Probation is served instead of a prison sentence. Supervised release is served after a prison sentence. One thing that they have in common is that a probation officer is assigned to supervise.
The probation officer has two duties: (1) to help the person transition from prison to the community and (2) to make sure that the person follows all of their conditions of supervision. It is extremely important for people to have a good relationship with their probation officer.
To help people transition from prison, probation officers meet with people to assess their needs. The probation officer can help people get a driver’s license, enroll in school, or find a job. A probation officer can also help secure services like drug or mental health treatment.
Probation officers also need to make sure people follow all the rules the judge set. For instance, they may give drug tests, review housing plans, and speak with treatment providers. Sometimes they monitor electronic devices or review bank statements. In short, they supervise people to make sure they are following their conditions of supervision.
A violation of probation or supervised release involves breaking one of the rules set by the judge. Some examples of violations are using drugs, failing to report to the probation officer, and committing a new crime. Not all violations will result in a prison sentence. It is a good idea for clients concerned with possible violations of release to reach out to the lawyer who handled the case for sentencing. Sometimes an issue can be resolved without going to court.
If the probation officer believes that someone has violated supervision, the officer can file a petition with the court explaining the violations. Once a petition has been filed, the client must appear in court. At the first appearance, the client will be informed of the alleged violation and a lawyer will be appointed.
After the initial appearance, the judge will schedule a final revocation hearing to determine there was a violation, and if so, what sentence to impose. At that hearing, the person will be asked to either “admit” or “deny” the violations in the petition. If the person denies any of the violations, he is entitled to a hearing. At the hearing, there is no jury. The judge will decide what happened. Both the prosecutor and the defense lawyer are entitled to present evidence, and the person may testify. The judge will then decide whether a violation is established by a preponderance of the evidence.
Sometimes, the parties reach an agreement where the client will admit to one or more of the violations, and the other violations will be dismissed. In some cases, the judge will allow the petition to remain open to give the client an opportunity to comply with the terms of supervision. After a certain period of good behavior, sometimes the petition can be dismissed or withdrawn.
If the judge finds that the client violated the conditions of supervision, the judge can generally either continue or revoke supervision. If supervision is continued, the judge can change the conditions. If supervised release is revoked, the judge can impose prison time. A new term of supervised release can then be imposed with the same or additional conditions. If probation is revoked, the judge will resentence the client. The new sentence could include a jail sentence, home confinement, or another term of probation.
Sometimes probation officers will ask people to agree to change the terms of their supervision. This is called a modification. People have the right to a hearing before stricter conditions of supervision are imposed. However, a person can waive the hearing and agree to harsher conditions of supervision. If a probation officer asks a client to modify their conditions of supervision, it is generally a good idea to speak with a lawyer first, before agreement to the modification.
In some cases, if a client is doing well on supervised release or probation, and has already paid off any fine, restitution, or court fees, a judge may cut short the term of supervision. This is not done in most cases. However, if the client has has had no violations and complied with all the terms of supervision, the client should consider contacting his lawyer to discuss whether to request early termination.