of probation is a matter of grace with no
vested right to its continuance. If during
probation it appears that the probationer is
likely to again engage in criminal conduct,
the court may revoke probation. If probation
is revoked, the court may sentence the
probationer in the same manner and to the
same penalty as it could have done if
violate your probation in one of two ways:
can have a substantive violation. That
means you have committed a new offense.
you can have a technical violation.
Common technical violations are failure
to report and failure to pay your fine.
probation officer issues a warrant, you will
be arrested and held in jail until your
probation revocation hearing. Usually you do
not have right to appointed counsel. If you
want a lawyer, you'll have to hire one. The
probation revocation hearing must be
conducted at the earliest possible date. The
appellate courts have said that a hearing
held within 30 days satisfies this
innocence at a revocation hearing is not at
issue (you've already been convicted).
The judge just has to determine if you
willfully violated your probation. Courtroom
rules and procedures must be followed
(e.g. hearsay testimony is not allowed).
The burden of proof is the lightest burden
allowed under the law, (i.e.
preponderance of the evidence).
It is important, if you have committed a new
offense while on probation, you will want to
hire an attorney for both the new case and
the probation revocation hearing. Why?
Simply put, an attorney can force the state
to comply with the law and have a probation
revocation hearing prior to your new court
case. At the revocation hearing, the
attorney will be able to cross examine the
witnesses and get valuable information.