What are some consequences when probation is revoked?


Quick Answer

A probation revocation can result in the reinstatement of any and all previous penalties that were suspended as a result of probation, according to Nolo. This depends on the nature of the original offense and the violation that caused the revocation.

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Full Answer

Regardless of the cause for revocation, any penalties for the original offense, including the full prison term, may be reinstated after probation is revoked, explains Nolo. Some terms of a person's probation may go beyond normal legal requirements and, therefore, not all probation violations result from criminal offenses. If the new violation is also a criminal offense, however, the violator is subject to penalties for the new offense in addition to the previous one, as determined by the courts.

The requirements to revoke probation are not as strict as those for a criminal conviction, notes Nolo. There is a significantly lower burden of proof, which means that only the likelihood of a violation, rather than certainty, is required to result in revocation. The probation hearing is not a jury trial, and the judge has the final say in the matter.

Depending on the nature and severity of the violation that resulted in revocation of probation, the likelihood of being granted probation for a future offense can be greatly diminished or altogether nonexistent.

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