what happens when probation is revoked? course hero

What does it mean to have your probation revoked?

Aug 20, 2019 · If a probation violation is discovered and reported, it is likely that the court will conduct a probation revocation hearing. 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. If the violation was not a new criminal offense but ...

What happens if you violate the terms of probation?

Jul 12, 2017 · ANS: A violation of the terms or probation or committing a new crime can result in the revocation of probation. Revocation because of a rule violation is known as a technical violation. Violations of probation have led to an increase in offenders being returned to prison. This is contributing to the increase in the costs of corrections. Revocation is not an easy …

What is a non-reporting violation of probation?

Aug 29, 2018 · The next form of probation revocation would be if there is a new arrest or conviction (Unit 3 lecture, 2018). Having probation revoked will not always result in the person being sent back to jail. The judge would review the reason for the revocation and consider several things before making a ruling. The severity of the violation and if the person had previously …

Can you negotiate a plea bargain over a revocation of probation?

Chapter 10 2. Discuss the procedures involved in probation revocation. What are the rights of the probationer? Is probation a privilege or a right? When someone violates and goes against the rules and the probation conditions, probation revocation comes into effect. One of the first steps of this process is to investigate the offender and determine whether they violated the rules.

Why is probation revoked?

Because the burden of proof is less than at a trial, a probationer might face what could seem to be inconsistent results: If the probation violation is the commission of a new crime and the probationer is acquitted of that crime , he can nevertheless have his probation revoked.

What is probation revocation hearing?

The 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.

Can probation be taken away?

Defendants caught (either by police or probation officers) violating a condition of probation are subject to having their probation revoked (taken away) and all or part of the original suspended jail or prison sentence imposed. Because one typical condition of probation is to obey all laws, a probationer who is rearrested on even ...

What happens if you violate probation?

If a probation violation is discovered and reported, it is likely that the court will conduct a probation revocation hearing. 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 happens when a defendant is arrested on a new charge?

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. This is especially common in busy courts where calendars are backlogged.

What is probation revocation?

What is a probation revocation? A probation revocation means that a citizen on probation has violated the terms and conditions of their probation. Even a person on a non-reporting, mail in, or call in probation is considered to have their probation violated when a condition is broken.

What does a probation officer do?

Probation officers routinely screen public data resources to verify their probationers are in compliance. When not, a probation officer will make a decision as to offer a punishment (a voluntary amendment to the probation) or file a motion to revoke probation.

Who is Mimi Coffey?

Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

What is probation revocation hearing?

Simply put- a probation revocation hearing occurs when you are charged with violating the terms of your probation and are ordered to appear before a judge who will decide, by a preponderance of the evidence, whether you have violated the terms of your probation.

What happens if you violate probation?

If the judge finds that you did not violate the terms of your probation, the current length and terms of your probation will continue.