What Is a Revocation Hearing?A revocation hearing can refer to one of two things: a probation revocation hearing or a parole revocation hearing. A revocation hearing is a court hearing before a judge in which the judge decides whether to revoke your probation or your parole. If you are revoked, you face serious jail time. Show
What Is a Probation Violation?When you are convicted of a crime, the judge may decide to sentence you to a term of probation. Probation can be any length of time – from days to years. Probation can also be supervised or unsupervised. If you are sentenced to unsupervised probation, your only condition is to not commit any crimes. However, if you are sentenced to supervised probation, you will likely be saddled with a whole host of conditions, such as randomized drug testing, anger management classes, in-person meetings with your probation officer, and home visits. When you have violated probation, your probation officer will notify the judge. Probation violations can run the gamut from testing positive during a drug screening to getting arrested for a new crime. When the judge is notified of your violation, he or she will decide whether to hold a hearing. The hearing is called a probation revocation hearing. What Is a Probation Revocation Hearing?At the probation revocation hearing, you will be ordered to explain how and why you violated probation. Your probation officer, as well as the prosecutor, will be present at the hearing. In addition, you may plead with the judge, offer evidence that you have been improving while on probation or present testimony or letters from loved ones, supervisors or community members. The judge may decide to keep you on probation, change your conditions of probation, end your probation or revoke your probation. If your probation is revoked, you will receive a term of incarceration. Often, when you are first sentenced, the judge will sentence you to a set amount of time, then suspend the execution of that sentence. The judge will place you on probation, and if you do well, you will never have to serve a day. However, if you do poorly and your probation is revoked, you will be forced to serve that sentence. What Is a Parole Revocation Hearing?Parole or supervised release occurs after you have served jail time. In exchange for good behavior or in an act of leniency, the judge may order that you serve some of your sentence on parole instead of in the jail. Parole is almost identical to probation. You will be supervised by a parole officer and will likely have many of the same conditions that you would have under probation. Do I Need an Attorney for a Revocation Hearing?Your freedom is in jeopardy at a revocation hearing. You will need a competent criminal defense attorney who will aggressively and zealously advocate for your best interests.
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Jose Rivera Managing Editor Editor Last Updated: Jun 28, 2018 Law Library Disclaimer Failing to comply with a condition of probation can land you in jail.Defendants caught (either by police or probation officers) violating a condition of probation are subject to having their probation revoked (taken away) and all or part of the original suspended jail or prison sentence imposed. Because one typical condition of probation is to obey all laws, a probationer who is rearrested on even a minor charge may be subject to penalties for both the current arrest and the probation violation. (Learn more about probation—including its conditions—in our Probation section.) Does the Prosecution Need a New Conviction for Probation Revocation?If a probation violation is discovered and reported, it is likely that the court will conduct a probation revocation hearing. If the defendant violated probation by breaking a law, the probation revocation hearing will probably take place after the new offense has been disposed of. If the violation was not a new criminal offense but nevertheless broke a condition of probation (for instance, socializing with people the judge prohibited the defendant from contacting), then the revocation hearing may take place as soon as practicable after the violation is reported. Defendants are entitled to written notification of the time, place, and reason for the probation revocation hearing. The revocation hearing isn't the same as a trial. The burden of proof for the prosecution is typically not "beyond a reasonable doubt." Rather, it's something less, such as having to prove that, "more likely than not," the violation took place. Because the burden of proof is less than at a trial, a probationer might face what could seem to be inconsistent results: If the probation violation is the commission of a new crime and the probationer is acquitted of that crime, he can nevertheless have his probation revoked. In essence, probation is a privilege that can be lost more easily than one's initial freedom. The Probation Revocation HearingA probation revocation hearing happens in court, without a jury. Both the defense and prosecution may present evidence to show the judge why the defendant should or should not be subjected to whatever penalty the judge originally ordered, but suspended. The defendant is allowed counsel at this hearing, but the judge does not have to follow strict rules of evidence. Bargaining Over a RevocationWhen a defendant arrested on new charges is found to be in violation of an earlier probation order, the defense may negotiate a new plea bargain to cover both cases in one package deal. This is especially common in busy courts where calendars are backlogged. Check out our section on Plea Bargaining to learn how (and why) deals are made. Talk to a LawyerThe law on probation may differ from one state to another. Practices may even vary somewhat from one part of a state to another. And federal court has its own set of rules. If you're facing probation revocation, be sure to consult an attorney experienced with the relevant law. You can begin your search with Nolo's Lawyer Directory. What happens if your probation is revoked in Arkansas?(g) (1) (A) If a court revokes a defendant's suspension of sentence or probation, the court may enter a judgment of conviction and may impose any sentence on the defendant that might have been imposed originally for the offense of which he or she was found guilty.
What is a revocation hearing in VA?A revocation hearing is a court hearing before a judge in which the judge decides whether to revoke your probation or your parole.
What is one of the most frequent violations for which probation or parole revocation occurs?Committing a new crime.
Committing another crime while on probation or supervised release is among the most serious probation violations. Catching new charges is one of the most likely ways to land back in prison while on probation.
What is a revocation hearing in Kentucky?“Revocation hearing” means a hearing before the releasing authority to determine whether to revoke his probation or parole.
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What are the steps in a revocation hearing
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