A probation revocation hearing occurs when someone serving a probation sentence violates the terms of the probation, according to Nolo. This hearing determines if the probationer violated the terms of probation. In some cases, it's also when a sentence is issued if the probationer did violate the probation terms.Continue Reading
While a probation revocation hearing is a court procedure to determine guilt or innocence, it isn't one that is heard before a jury. Instead, the prosecution presents a case directly to the judge. The probationer can present a defense, usually with the help of an attorney. The judge then decides if the probation terms were violated. This isn't based on a theory of "beyond a reasonable doubt" like other criminal law proceedings. Instead, it is based on a theory of "more likely than not" or "a preponderance of the evidence," according to FindLaw.
If the probationer is found guilty, the judge can then hand down a sentence. For minor violations, the court might order additional time on probation or order new probation terms. For more serious violations or for repeat probation violations, the court can revoke the probation. When that occurs, the probationer must serve out any prison term or other suspended sentences that were handed down when the person was found or pleaded guilty to the original crime. If the probation violation resulted in a new criminal charge, the probationer will go through the criminal justice system to answer to those charges.Learn more about Law
A notice of revocation of power of attorney is a document that allows someone to revoke a power of attorney formerly granted, Rocket Lawyer says. There are many reasons to revoke a power of attorney, including drafting a new one or if there is no longer a need for a power of attorney.Full Answer >
Whether or not a person on probation, called a probationer, can travel depends on the terms of the probation, according to FindLaw. Travel restrictions can be one of the terms of probation. Probationers who want to travel should contact their probation officers to learn if they must get permission, the Law Offices of Gary Churak, P.C. recommends.Full Answer >
The terms of intense probation supervision in Georgia involve close supervision by probation officers, gainful employment and various intervention programs, according to the Georgia Department of Corrections. Offenders placed under house arrest can only leave home for work and other essential activities such as medical attention.Full Answer >
Juvenile probation terms don't end when a person turns 18. An individual may remain under the jurisdiction of the Division of Juvenile Justice until the age of 25. A judge is the only one who can release a child from probation, states County of San Mateo Probation.Full Answer >