What Is a Motion to Revoke Probation?

probation hearing in court

Probation is an agreement in essence between the convicted party and the sentencing party that the convicted individual will adhere to certain guidelines, instead of serving prison or jail time. The main purpose of probation is the rehabilitation of a defendant and is often relegated to cases that involve first-time or low-risk offenders. When the statutes or conditions of the probation are met, there is no issue. However, in specific situations, the probation agreement can be altered or changed, which occurs during the revocation of probation. It is this situation we will look at more closely below:

What is a Motion to Revoke Probation?

This process is enacted when the person on probation has in some way broken the guidelines or conditions set forth when the probation was enacted. This differs greatly from a motion to dismiss probation. In a dismissal case, the punishment could go away entirely. In the case of a revoked probation, though, the guilty party will likely be headed to prison or jail.

Who Can File a Motion to Revoke Probation?

There is only one party that can begin the process of revoking probation and that is the probation officer who is assigned the case. They can choose to take one of two courses of action after the conditions of the probation have been ignored or disobeyed. They can either begin the probation revocation process or handle minor issues themselves. If they are small indiscretions, the probation officer will likely handle it themselves by making the conditions of the probation stricter or extending the probation length. However, if the situation is more serious, they likely have no choice but to begin the legal process of revocation.

What is the Process of Probation Revocation? What Does ‘Revoke Probation’ Mean?

The probation officer begins by reporting the violation of the probation agreement. At this point, the District Attorney over the case will review the report and then either dismiss the request to revoke or file a motion to revoke probation with the court. Then, once the process reaches this point, a warrant will be issued for the violator’s arrest. Eventually, the decision to revoke the probation will be given to the discretion of the court.

How Long is the Entire Process of Probation Revocation?

This entire process isn’t that lengthy. In most cases, from the very beginning of the revocation, when the initial report was issued, to the judge determining whether a violator will be sent back to prison or jail in a hearing, often takes only a few days. Of course, if the probation officer’s report a violation over the weekend, it might take a bit longer.

What to Do if a Motion to Revoke Probation is Filed Against You

The probation violator doesn’t have as many legal rights during the revocation process as they did during the initial criminal trial. This is because the person would have already been convicted of a crime at this point. However, even during this process, the violator has the right to testify at the revocation hearing and can even present witnesses and confront witnesses who are testifying against them. In addition, they most certainly have the right to an attorney, which is advisable in order to ensure the process goes as smoothly as possible. In most cases, a good outcome will mean a reduction in the time spent in prison or jail and a focus on keeping the violator on probation.

Your Next Step – Contact us Today!

If a petition to revoke probation has been issued for your case, and you are wondering what usually happens at a probation revocation hearing, or want to know how to win a revocation hearing, contact us today to get started. The cards are stacked against you in these cases, but we will fight for you!

The Nolan Law Firm