You are here

LR Cr P 32.1.1

Modification or Revocation of Probation or Supervised Release
  1. Petition for Modification or Revocation.
    1. A petition for modification or revocation of probation or supervised release shall be set forth on the form adopted for that purpose by the Administrative Office of the United States. The petition shall be presented to the sentencing judge. The sentencing judge shall determine whether the petition shall be filed.
    2. The petition shall set forth the facts allegedly constituting the violation of probation or supervised release. The petition shall also seek either a summons or an arrest warrant, modification of the terms of release, or no action.
    3. A petition ordered filed shall be served upon the probationer or releasee, the attorney for the government, and last known counsel of record except that in all cases in which prior counsel was appointed pursuant to the Criminal Justice Act, the Office of the Federal Public Defender shall be served in lieu of service upon prior counsel. When the court orders an arrest warrant to be issued, the petition shall be served upon the probationer or releasee after arrest, but in no event later than the initial appearance.
  2. Disclosure of Evidence.

    The probation officer shall, without further request by the probationer, or releasee, or his/her counsel, disclose to the probationer or releasee or his/her counsel, all evidence against the probationer or releasee regarding the violations contained in the petition, including any potential oral statement and any potentially exculpatory material. Any information disclosed by the probation officer to an attorney for the government shall be promptly disclosed by the probation officer to probationer or releasee or to his/her counsel.

  3. Recommendation for Revocation of Probation or Supervised Release.

    If after a hearing the defendant is found to have violated the terms of probation or supervised release, the probation officer may make a recommendation to the court. The reasons supporting the recommendation shall be disclosed to the parties if such reasons are evidence against the probationer or releasee, as shall any response by the probation officer to recommendations by counsel.

  4. Request for Modification of the Terms of Probation or Supervised Release.

    No terms of probation or supervised release shall be modified upon a waiver of counsel by the probationer or releasee unless and until the probationer or releasee shall have consulted with counsel regarding the advisability of waiving counsel. Any such waiver of counsel must certify that the probationer or releasee consulted with counsel prior to executing such waiver. In the alternative, waiver of counsel may be made by the probationer or releasee before a magistrate judge.