The Champion

December 2006 , Page 26 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Representing a Client Charged With Violating Conditions of Supervised Release— Part Two

By Douglas A. Morris

VI. The Revocation Hearing and the Options Available

A. The Guidelines

Up to this point everything should be copesetic; at least there should be no undisclosed statutory or guidelines errors, and defense counsel should be ready to appear before the sentencing court for the revocation hearing. What can happen next? In sum, at the revocation hearing the district court can, statutorily, in some cases, simply continue the defendant on supervised release. In the alternative, the court can revoke the term of supervised release and impose a term of imprisonment for as short a period as one day with no supervised release to follow. Also, the court can impose a statutory-maximum term of imprisonment with, in instances where the defendant falls under the PROTECT Act, an additional term of supervised release.1 In fact, the district court has many options to consider.2  

Pursuant to Chapter Seven of the suggested Guidelines, however, when the district court finds, by a preponderance of evidence,3 t

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad