18 U.S.C. § 3565 – Revocation of Probation
This statute governs when a federal court may continue, modify, or revoke probation after an alleged violation.
How probation violations are handled.
Section 3565 sets the framework for what happens when a defendant violates a condition of federal probation before the term expires.
After a violation is alleged, the court must hold a hearing under Rule 32.1 of the Federal Rules of Criminal Procedure and consider the sentencing factors listed in 18 U.S.C. § 3553(a), as applicable.
Court options after a violation.
If a violation is proven, the court may:
- Continue probation without changes
- Extend the probation term
- Modify or enlarge probation conditions
- Revoke probation and resentence the defendant
If probation is revoked, the defendant is resentenced under the standard federal sentencing provisions in Subchapter A.
Mandatory revocation situations.
Revocation is required if the defendant:
- Possesses a controlled substance
- Possesses a firearm in violation of law or probation conditions
- Refuses to comply with required drug testing
- Tests positive for illegal controlled substances more than three times within one year
In these situations, the court must revoke probation and impose a sentence that includes imprisonment.
Revocation after probation expires.
The court may still revoke probation after the term ends if:
- The alleged violation occurred before probation expired, and
- A warrant or summons was issued before expiration
This allows the court to complete revocation proceedings even if the probation term has technically ended.
If you are facing a federal probation violation or revocation hearing, contact our federal criminal defense attorneys to discuss your options.
