Supervised Release Violations
Supervised Release Violations occur after a probation officer, for example,
finds that a released person has violated the terms of his or her supervised
release, or the released person fails a drug test, for example, against
the terms of their release. Depending on how supervised release is alleged
to have been violated, a violation of supervised release terms could potentially
both land a person back in jail or prison and subject them to new criminal
charges. Both Federal and Florida law include heavy fines and severe criminal
penalties, including potential mandatory/minimum sentences of up to 25
years and maximum potential sentences of up to LIFE. Mr. Petruzzi has
represented numerous individuals charged with, or under investigation
for, Supervised Release Violation offenses by both Federal and State authorities.
His experience and knowledge serves as an invaluable asset to his clients.
To arrange for a free and confidential consultation with respect to any
Federal or State Supervised Release Violation offense, contact our office
For complete details about Mr. Petruzzi's background, expertise, and
Federal Supervised Release Violation offenses are investigated and prosecuted
by various agencies, including the FBI, DEA, ATF, IRS, Secret Service,
Department of Homeland Security, and the Department of Justice. Some common
Federal Statutes criminalizing Supervised Release Violations include:
18 USC Sec. 3583 –
(f) Written Statement of Conditions. — The court shall direct that
the probation officer provide the defendant with a written statement that
sets forth all the conditions to which the term of supervised release
is subject, and that is sufficiently clear and specific to serve as a
guide for the defendant's conduct and for such supervision as is required.
(g) Mandatory Revocation for Possession of Controlled Substance or Firearm
or for Refusal To Comply With Drug Testing. — If the defendant -
(1) possesses a controlled substance in violation of the condition set
forth in subsection (d);
(2) possesses a firearm, as such term is defined in section 921 of this
title, in violation of Federal law, or otherwise violates a condition
of supervised release prohibiting the defendant from possessing a firearm;
(3) refuses to comply with drug testing imposed as a condition of supervised
(4) as a part of drug testing, tests positive for illegal controlled substances
more than 3 times over the course of 1 year;
the court shall revoke the term of supervised release and require the defendant
to serve a term of imprisonment not to exceed the maximum term of imprisonment
authorized under subsection (e)(3).
(h) Supervised Release Following Revocation. — When a term of supervised
release is revoked and the defendant is required to serve a term of imprisonment,
the court may include a requirement that the defendant be placed on a
term of supervised release after imprisonment. The length of such a term
of supervised release shall not exceed the term of supervised release
authorized by statute for the offense that resulted in the original term
of supervised release, less any term of imprisonment that was imposed
upon revocation of supervised release.
(i) Delayed Revocation. — The power of the court to revoke a term
of supervised release for violation of a condition of supervised release,
and to order the defendant to serve a term of imprisonment and, subject
to the limitations in subsection (h), a further term of supervised release,
extends beyond the expiration of the term of supervised release for any
period reasonably necessary for the adjudication of matters arising before
its expiration if, before its expiration, a warrant or summons has been
issued on the basis of an allegation of such a violation.
Florida Supervised Release Violation offenses are investigated and prosecuted
by various State and Local law enforcement agencies. Some common Florida
Statutes criminalizing Supervised Release Violations include:
947.141 Violations of conditional release, control release, or conditional
medical release or addiction-recovery supervision.—
(1) If a member of the commission or a duly authorized representative of
the commission has reasonable grounds to believe that an offender who
is on release supervision under s.
947.1405, s.947.146, s.
947.149, or s.
944.4731 has violated the terms and conditions of the release in a material respect,
such member or representative may cause a warrant to be issued for the
arrest of the releasee; if the offender was found to be a sexual predator,
the warrant must be issued.
(2) Upon the arrest on a felony charge of an offender who is on release
supervision under s.947.1405, s.
947.149, or s.
944.4731, the offender must be detained without bond until the initial appearance
of the offender at which a judicial determination of probable cause is
made. If the trial court judge determines that there was no probable cause
for the arrest, the offender may be released. If the trial court judge
determines that there was probable cause for the arrest, such determination
also constitutes reasonable grounds to believe that the offender violated
the conditions of the release. Within 24 hours after the trial court judge's
finding of probable cause, the detention facility administrator or designee
shall notify the commission and the department of the finding and transmit
to each a facsimile copy of the probable cause affidavit or the sworn
offense report upon which the trial court judge's probable cause determination
is based. The offender must continue to be detained without bond for a
period not exceeding 72 hours excluding weekends and holidays after the
date of the probable cause determination, pending a decision by the commission
whether to issue a warrant charging the offender with violation of the
conditions of release. Upon the issuance of the commission's warrant,
the offender must continue to be held in custody pending a revocation
hearing held in accordance with this section.
(3) Within 45 days after notice to the Parole Commission of the arrest
of a releasee charged with a violation of the terms and conditions of
conditional release, control release, conditional medical release, or
addiction-recovery supervision, the releasee must be afforded a hearing
conducted by a commissioner or a duly authorized representative thereof.
If the releasee elects to proceed with a hearing, the releasee must be
informed orally and in writing of the following:
(a) The alleged violation with which the releasee is charged.
(b) The releasee's right to be represented by counsel.
(c) The releasee's right to be heard in person.
(d) The releasee's right to secure, present, and compel the attendance
of witnesses relevant to the proceeding.
(e) The releasee's right to produce documents on the releasee's
(f) The releasee's right of access to all evidence used against the
releasee and to confront and cross-examine adverse witnesses.
(g) The releasee's right to waive the hearing.
(4) Within a reasonable time following the hearing, the commissioner or
the commissioner's duly authorized representative who conducted the
hearing shall make findings of fact in regard to the alleged violation.
A panel of no fewer than two commissioners shall enter an order determining
whether the charge of violation of conditional release, control release,
conditional medical release, or addiction-recovery supervision has been
sustained based upon the findings of fact presented by the hearing commissioner
or authorized representative. By such order, the panel may revoke conditional
release, control release, conditional medical release, or addiction-recovery
supervision and thereby return the releasee to prison to serve the sentence
imposed, reinstate the original order granting the release, or enter such
other order as it considers proper. Effective for inmates whose offenses
were committed on or after July 1, 1995, the panel may order the placement
of a releasee, upon a finding of violation pursuant to this subsection,
into a local detention facility as a condition of supervision.
(5) Effective for inmates whose offenses were committed on or after July
1, 1995, notwithstanding the provisions of ss.
951.23, or any other law to the contrary, by such order as provided in subsection
(4), the panel, upon a finding of guilt, may, as a condition of continued
supervision, place the releasee in a local detention facility for a period
of incarceration not to exceed 22 months. Prior to the expiration of the
term of incarceration, or upon recommendation of the chief correctional
officer of that county, the commission shall cause inquiry into the inmate's
release plan and custody status in the detention facility and consider
whether to restore the inmate to supervision, modify the conditions of
supervision, or enter an order of revocation, thereby causing the return
of the inmate to prison to serve the sentence imposed. The provisions
of this section do not prohibit the panel from entering such other order
or conducting any investigation that it deems proper. The commission may
only place a person in a local detention facility pursuant to this section
if there is a contractual agreement between the chief correctional officer
of that county and the Department of Corrections. The agreement must provide
for a per diem reimbursement for each person placed under this section,
which is payable by the Department of Corrections for the duration of
the offender's placement in the facility. This section does not limit
the commission's ability to place a person in a local detention facility
for less than 1 year.
(6) Whenever a conditional release, control release, conditional medical
release, or addiction-recovery supervision is revoked by a panel of no
fewer than two commissioners and the releasee is ordered to be returned
to prison, the releasee, by reason of the misconduct, shall be deemed
to have forfeited all gain-time or commutation of time for good conduct,
as provided for by law, earned up to the date of release. However, if
a conditional medical release is revoked due to the improved medical or
physical condition of the releasee, the releasee shall not forfeit gain-time
accrued before the date of conditional medical release. This subsection
does not deprive the prisoner of the right to gain-time or commutation
of time for good conduct, as provided by law, from the date of return
(7) If a law enforcement officer has probable cause to believe that an
offender who is on release supervision under s.
947.149, or s.
944.4731 has violated the terms and conditions of his or her release by committing
a felony offense, the officer shall arrest the offender without a warrant,
and a warrant need not be issued in the case.