Probation Revocations

The granting 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 probation had

You can violate your probation in one of two ways:

1. First you can have a substantive violation. That means you have committed a new offense.

2. Second, you can have a technical violation. Common technical violations are failure to report and failure to pay your fine.

If your 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 requirement.

Guilt or 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.

If you or a family member have had your probation revoked, call The Sheena Law Firm today to discuss your case.