Federal probation and supervised release are imposed at sentencing. Probation is imposed as a substitute for imprisonment or in addition to home detention. Supervised release is imposed if an individual is sentenced to one year or more of federal custody.

Some conditions of probation and supervised release, such as compliance with drug tests, are made mandatory by statute, while others are optional. The judge has broad discretion in deciding what optional conditions to impose, as long as those conditions are reasonably related to the nature and circumstances of the offense and the history and characteristics of the defendant, the need for the sentence imposed to afford adequate deterrence to criminal conduct, the need to protect the public from further crimes of the defendant, the need to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; and involve no greater deprivation of liberty than is reasonably necessary for these purposes and are consistent with any pertinent policy statements issued by the United States Sentencing Commission.

The possible length of supervision is specified by the statute of conviction, with recommendations for particular situations being provided by the sentencing guidelines.

Violations of conditions of probation or supervised release can result in said revocations being reported to the court and a revocation hearing being held. In such hearings, the defendant has the right to be informed of the alleged violation, to retain counsel, and to have a probable cause hearing. If you are facing a violation of supervised release, give us a call and we'll discuss your options. The judge may sentence you to a prison term if you admit the violations.

It is possible to terminate your supervised release early, give us a call to discuss your options.

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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