Criminal procedure
Revocation Hearing
A revocation hearing decides whether someone on supervised release or probation violated their conditions and what should happen as a result.
The probation officer files a petition listing the alleged violations, and the court may issue a summons or a warrant. The government must prove the violation by a preponderance of the evidence, a much lower bar than at trial, and the rules of evidence are relaxed.
Outcomes range from a warning or modified conditions to additional imprisonment. Grade of violation and the original offense drive the recommended range, and new criminal conduct is treated most seriously.
Because the original sentence sets the exposure, the numbers can surprise people. Someone who finished a prison term years earlier can be sent back into custody for conduct that would not, on its own, be a federal crime.
How it appears on a docket
PETITION for Warrant for Offender Under Supervision filed. Alleged violations: failure to report and positive drug tests. Revocation hearing set for 4/2/2027.
Governing rule
Fed. R. Crim. P. 32.1; 18 U.S.C. Sec. 3583(e)
Related terms
- Supervised Release — Supervised release is a period of court-ordered supervision that follows a federal prison term, replacing the old parole system.
- Probation — Probation is a sentence served in the community under supervision instead of in prison.
More on criminal procedure
See this term in a real case
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