What Is a Probation Revocation Hearing?

Revocation of probation can result in jail time.

Upon conviction of a crime, the court can give you probation instead of sentencing you to jail---if you agree to abide by the conditions of probation. The conditions set by the court usually bear some relation to the crime, such as completing an alcohol treatment program in a drunk driving case. However, if you fail to comply with any condition of probation, a hearing will be set to determine if your probation should be revoked, which can result in jail time.

Probation Revocation Hearing

Once you are placed on probation, you are under the supervision and control of the court during the entire period of probation, which can last years. Whenever the court has reason to believe you violated your probation, the court can revoke probation. You will always be given a hearing before the court, at which time you can challenge the accusation that you violated probation. Once probation is revoked, you can receive any sentence that the court could have imposed after conviction.

Probation Violations

All cases involving probation include standard conditions such as obey all laws, report to the court or your probation officer as required, and inform any law enforcement officer of your probation status when requested to do so. Each case will also have its particular conditions such as payment of a fine and fees, performing community service or drug testing. Failing to pay a fine by a given due date, failing a drug test or being arrested for another crime can all be considered probation violations. Depending on the facts of your violation, you may be informed by mail that the court has set a probation revocation hearing or you may find yourself arrested and jailed pending a hearing.

Revocation Hearing Rights

Like criminal cases in general, you are entitled to certain rights at your probation revocation hearing such as the right to counsel and the right to confront and cross-examine your accuser, usually your probation officer or other arresting officer. However, the standard of proof at a probation revocation hearing is very different than at a criminal trial that requires proof of your guilt beyond a reasonable doubt. At a probation revocation hearing, the court only has to find by a preponderance of the evidence that you violated a condition of your probation. This means that the court only needs to find some evidence that probation was violated and it can be revoked.

Reinstatement of Probation

While a finding that you violated your probation does mean it will be revoked, the court has the power to reinstate probation on either the same conditions or new conditions. Unless your probation violation is serious, like committing a violent felony, the court will often reinstate probation for a first or even second violation, particularly if the issue is a missed deadline to pay a fine or complete a treatment program. So long as the court sees some effort on your part to comply, you will be given another chance.

Termination of Probation

Although you generally must complete the entire probation term, some states do allow you to petition for early termination of your probation if you address the major conditions of your probation, such as paying restitution or completing a treatment program. You should petition the court in these situations for termination of your probation so as to avoid any issue of a probation violation and revocation hearing.

References

• Lawyers.com: Criminal Law: Can probation be revoked?
• Van Wagner & Wood, S.C.: Probation
• CA First District Appellate Project: Violation and Revocation of Probation