What usually happens at a probation revocation hearing?
A probation revocation hearing happens in court, without a jury. Both the defense and prosecution may present evidence to show the judge why the defendant should or should not be subjected to whatever penalty the judge originally ordered, but suspended.
What does revocation of probation mean?
A motion to revoke probation is a document that says you did something wrong while on probation. In a motion to revoke probation, the courts will likely try to send you back to jail or prison. This is the opposite of a motion to dismiss, which would mean the case goes away entirely.
What happens when you violate probation for the second time?
In the event of repeated violations, or serious violations against your probationary terms, you run the risk of having your sentencing judge canceling your probation and sending you back to jail to serve the remainder of your probation.
What is the revocation process?
A revocation hearing can refer to one of two things: a probation revocation hearing or a parole revocation hearing. A revocation hearing is a court hearing before a judge in which the judge decides whether to revoke your probation or your parole. If you are revoked, you face serious jail time.
What happens if I get my probation revoked?
Probation Revocation 1 Failing to comply with a condition of probation can land you in jail. 2 The Probation Revocation Hearing. A probation revocation hearing happens in court, without a jury. 3 Bargaining Over a Revocation. 4 Talk to a Lawyer.
When does a probation revocation hearing take place?
If the defendant violated probation by breaking a law, the probation revocation hearing will probably take place after the new offense has been disposed of.
What’s the burden of proof for a probation revocation?
The burden of proof the prosecutor supplies the court does not have the same condition as beyond reasonable doubt in these circumstances. The only necessary provable issue is that the violation may have taken place which was counter to the conditions set forth for the probationary period.
What happens if you are found in violation of a probation order?
The defendant is allowed counsel at this hearing, but the judge does not have to follow strict rules of evidence. When a defendant arrested on new charges is found to be in violation of an earlier probation order, the defense may negotiate a new plea bargain to cover both cases in one package deal.