What Does Probation Revocation Mean?
Probation is one type of punishment issued after a person is convicted of a crime. He is not sentenced to any time in jail, but he must follow rules set by the court during the term of the probation.
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Conditions
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Standard conditions of probation include drug testing, performing community service, following a curfew, obtaining employment and attending counseling sessions. Violating any one of these could lead to revocation.
Supervision
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A probation officer monitors a person on probation to ensure that all conditions are being met. If a person violates a condition of probation, the probation officer notifies the court and the prosecutor who handled the original criminal case.
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Process
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The prosecutor decides whether to file a motion of revocation with the court and serve it on the person who violated the conditions. The offender must then appear at a revocation hearing and defend the accusations. There is no jury trial. The hearing takes place in front of the original sentencing judge.
Re-Sentencing
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If the court determines terms of probation were violated, a person will be re-sentenced. The court can sentence an offender to probation again, with the same conditions imposed. Or, she may also be re-sentenced to probation with more severe conditions, including house arrest or jail time for the crime for which she was originally convicted.
Appeals
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A person can appeal a determination that he violated his probation. An appeal must be filed with the next highest court in the jurisdiction. Because it takes awhile for a decision during the appellate process, an offender must abide by the sentence the court imposed for the violation, including serving jail time. During the appeal, a person can request bail and may be released from jail.
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