At a revocation hearing, the judge determines whether or not the defendant admits guilt or pleas innocent to violating their parole or probation. This is legally termed the preliminary revocation hearing.
If the probationer admits violating the conditions of probation or parole, the judge and prosecuting attorney determines whether the defendant will return jail or whether additional charges will be filed.
If the probationer denies the charges, an evidentiary hearing is held. At this hearing, the defense and the prosecutor present their cases. After evidence is presented and both sides are heard, the judge determines if the probationer will continue with probation or be sent back to jail.
