Q:

What are the procedures associated with probation revocation?

A:

Quick Answer

The court considering the revocation of someone's probation must first provide that person with notice of the pending revocation. A court hearing is held to determine whether to revoke the probation.

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Full Answer

While a judge sets the conditions of probation, a probation officer enforces them. If the officer finds there is probable cause to think a person on probation has violated the terms of his probation, a judge can change the terms of the probation, or revoke probation and impose a prison sentence instead.

The court has discretion over whether to revoke the probation because the freedom of the probationer is at stake. There are procedural rules the court must follow, and the probationer does not have as many rights during the revocation hearing as he had during the criminal trial. A notice is sent to the probationer, and he can testify at the hearing, present witnesses and confront the witnesses against him. He also has a right to a neutral hearing body, and he must receive a written outline displaying the reasons why the court is considering revoking his probation.

A violation of only one condition of probation can result in the revocation or probation if there is sufficient evidence against the probationer.

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