Sentencing and after
Dallas supervised release violation lawyer.
A positive drug test, a missed appointment or a new arrest can lead your federal probation officer to ask the judge to revoke supervised release. The judge can send you back to prison, change your conditions or continue supervision. These hearings move fast and the standard of proof is lower than at trial, so what you do in the first days matters. We respond to the petition, push for release while it is pending, and propose a better answer than prison when the facts allow.
Right now
If a violation petition was just filed.
- 01
Do not explain the violation to your officer yet
Your probation officer is a witness in the hearing. Be respectful and keep reporting, but talk to a lawyer before admitting or explaining anything.
- 02
If there is a warrant, plan the surrender
Turning yourself in with a lawyer, instead of being picked up, looks better to the judge and can help with release.
- 03
Get proof of what you have done right
Pay stubs, a letter from your employer, treatment records, clean tests, payments on restitution and anything showing progress.
- 04
If there is a new state charge, handle both together
A plea in county court can prove the federal violation. Do not resolve the state case without thinking about the federal one.
- 05
Call us any hour
The consultation is free, in English or Spanish, and we answer 24/7 for arrests.
Key deadlines and numbers
- Standard of proof
- Preponderance of the evidence, lower than at trialSource: 18 U.S.C. 3583(e)(3)
- Mandatory revocation
- Possessing drugs or a gun, refusing drug tests, or more than 3 positive tests in a yearSource: 18 U.S.C. 3583(g)
- Your rights at the hearing
- Written notice, a lawyer, evidence, and in most cases the chance to question adverse witnessesSource: Fed. R. Crim. P. 32.1
- Release while the petition is pending
- Possible, but you must show by clear and convincing evidence you will not flee or endanger anyoneSource: Fed. R. Crim. P. 32.1(a)(6)
- Early termination
- Can be requested after one year of supervisionSource: 18 U.S.C. 3583(e)(1)
Texas law
How supervised release revocation works.
Supervised release is the period of federal supervision that follows a prison sentence. If the probation officer believes you broke a condition, the officer files a petition, and the judge holds a hearing. If the judge finds a violation, the options include continuing supervision, changing or extending the conditions, or revoking and ordering more prison time, up to a cap set by the class of the original offense.
| Class of the original offense | Maximum on revocation | Notes |
|---|---|---|
| Class A felony (maximum of life) | 5 years | Includes many 10-year minimum drug cases. |
| Class B felony (maximum of 25 years or more) | 3 years | Includes many 5-year minimum drug cases and bank fraud. |
| Class C or D felony (maximum of 5 to less than 25 years) | 2 years | Includes felon in possession, wire fraud and reentry after a felony. |
| Class E felony (maximum over 1 and under 5 years) | 1 year | Includes reentry with no qualifying prior. |
Violations come in three grades
Grade A covers serious new felonies, like violence, drug trafficking or gun possession. Grade B covers other felony-level conduct. Grade C covers misdemeanors and technical violations, like a missed meeting or a positive test. The grade and your original criminal history set an advisory range, and the judge decides.
Source: U.S. Sentencing Guidelines, Chapter 7A new arrest is enough to start a petition
The federal judge can find that you committed a new crime by a preponderance of the evidence, even if the state case is still pending or later dismissed. Any revocation term is usually served after a state sentence, not at the same time, unless the judge orders otherwise.
Source: 18 U.S.C. 3583(e)(3)Revocation is not meant as punishment for the old case
In 2025 the Supreme Court held in Esteras that judges may not revoke based on the need for retribution for the original offense. The focus is the violation, deterrence, public safety and what you need to succeed.
Source: Esteras v. United States (2025)There are alternatives to prison
Except where revocation is mandatory, the judge can modify conditions, add treatment, order time in a residential reentry center or home confinement, or extend supervision instead of sending you back to prison.
Source: 18 U.S.C. 3583(e)(2)How we work
How we respond to a revocation petition.
Mr. Estrada reviews the petition and your supervision history and sets the strategy. Associates and staff gather records and keep your family informed in English or Spanish.
01
Read the petition and the probation file
What is alleged, what grade it is, what the officer is recommending, and what your record on supervision shows overall.
02
Work for release while the case is pending
A stable home, a job and a treatment plan, presented with documents, give the judge a reason to let you stay out.
03
Test the evidence
Lab confirmation of drug tests, the facts behind a new arrest, and whether the government is relying on hearsay instead of live witnesses you can question.
04
Coordinate with any state case
We plan the state and federal cases together, so a plea or statement in one does not damage the other.
05
Propose a better plan than prison
Treatment, a halfway house, home confinement, new conditions or a short sanction, backed by records showing what you have done right.
06
Ask to end supervision early when you have earned it
For clients doing well, we file for early termination after the first year, with support from records and, when possible, the probation officer.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Our experience with this law firm was simply everything we could've asked for. They answered all of our questions in a timely manner, followed up with us. As for pricing, it was very reasonable and honestly less than we anticipated. Last, but not least, thank you Liz and Vianey for being so helpful throughout this process.”What a violation can affect.
- Your job and your family
- Even a few months in custody can cost a job and housing. That is why the release request and an early plan matter so much.
- More supervision after revocation
- If supervision is revoked, the judge can order a new term of supervised release to follow the prison time.
- Immigration
- For a non-citizen, a new arrest or custody can bring ICE back into the picture. Tell us about your status early.
Dallas and Odessa
Where violation hearings happen.
In Dallas, violation petitions are filed by the Northern District's probation office and heard at the Earle Cabell Federal Building. Collin and Denton County supervision cases are heard in Sherman or Plano, and Ector and Midland County cases in Midland. Many federal violations start with a local arrest and booking at the Lew Sterrett jail or the Ector County jail, followed by a federal hold. We handle both sides from our offices in Oak Cliff and Odessa.
FAQ
Questions people ask.
What happens at a supervised release revocation hearing?
The judge hears evidence on whether you violated a condition, then decides what to do about it. You can admit or contest the violation, present evidence, and in most cases question the witnesses against you.
Will I go back to prison?
Not necessarily. For many technical violations, judges consider treatment, new conditions or a short sanction. Some violations, like gun or drug possession, require revocation, though the length of time is still up to the judge within the cap.
Can I get out while the petition is pending?
Possibly. Unlike a first federal arrest, the burden is on you to show by clear and convincing evidence that you will not flee or be a danger. A documented plan makes the difference.
I got arrested on a new state charge. What happens with my federal supervision?
Your officer will likely file a petition, and a federal hold may keep you in custody. The federal judge can find a violation even before the state case ends, so the two cases need one plan.
I failed a drug test. How serious is that?
One positive test is usually a Grade C violation, and judges often respond with treatment. Repeated positives, more than three in a year, or refusing to test can make revocation mandatory.
Can I get off supervised release early?
Yes, after one year, if your conduct and the interest of justice support it. Steady work, clean tests, paid restitution and the officer's support help.
How much does it cost to hire you?
The consultation is free. We discuss the fee and payment options up front, for the violation hearing, an early termination request or both.
Related situations
- Federal sentencing and plea deals
- Federal arrest and detention hearing
- Probation violations
- Jail release, bond and warrants
- Federal drug conspiracy
- All: Federal Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.