Meet the Editors. Probation Revocation. Failing to comply with a condition of probation can land you in jail. The Probation Revocation Hearing A probation revocation hearing happens in court, without a jury. Bargaining Over a Revocation When 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. Talk to a Lawyer The law on probation may differ from one state to another.
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The government must show probable cause that a parole or probation violation was committed. The second hearing entails, or may entail, two decisions: first, a determination of whether the a parole or probation violation has, in fact, occurred; second, whether the individual should be recommitted to prison or other steps should be taken to protect society and improve his or her chances of rehabilitation.
Only after it is first determined that the parolee or probationer did commit a probation violation will the second question be considered. The court and board may hear and rely on hearsay an out of court statement that is offered to prove the truth of the matter asserted as long as it bears some indication of reliability and there is good cause for foregoing live testimony. However, the criminal defendant has a right to cross-examine any witnesses who do appear.
Some jurisdictions permit pre-hearing discovery that is, a formal investigation process by the criminal defense attorney and the prosecutor , but usually it is more limited than that allowed before a criminal trial. The prosecution has the burden of proving a parole or probation violation by a preponderance of the evidence that is, showing a violation is more likely than not.
Since the criminal defendant already has been sentenced, there is no right to bail, but the court has the discretion to allow the defendant to remain free pending the final revocation hearing. A revocation hearing must be held without unreasonable delay after arrest. This time limitation is not a strict one. For example, so long as a violation warrant or summons issues before the expiration of the term, the court may hold a hearing and revoke even after the term of probation, parole or supervised release ends.
Some jurisdictions even permit the filing of a revocation warrant after the supervision period expires for conduct that occurred during the period. Delay becomes a factor for the court to consider in deciding whether to permit the revocation hearing to proceed.
If you or a loved one is facing a revocation hearing, ask your defense attorney if he or she has taken the following simple steps to help avoid a re-sentencing:. Upon finding a probation violation, a court may reinstate the defendant to probation, extend the term of probation, or revoke probation and sentence the defendant to a term of imprisonment.
The manner in which the court imposed probation becomes important. If the court suspended imposition of sentence or if probation was an independent sentence, the court can impose any other sentence that could have been imposed initially. Policy statements to the United States Sentencing Guidelines set the sentence upon a finding that the defendant violated federal supervised release or probation.
The severity of the sentence depends on whether the violation is a new crime and whether the new crime is one of violence or drug distribution. Parole comes with terms and conditions that must be followed—and failure to abide by those conditions results in a parole violation that might send you back to prison.
In most cases, you are eligible for parole when you have completed the minimum term of incarceration allowed required by your sentence.
If the parole commission chooses to grant you parole, you are released from prison with a set of rules that you must follow. The rules vary from person to person, but there are some general conditions of parole that apply to all parolees. In Pennsylvania, these include requirements such as. There may also be other conditions imposed by the parole commission that are specific to the type of crime for which you were imprisoned, such as refraining from the use of alcohol.
You may also be subjected to warrantless search and seizure as well as random drug testing. Some parolees are required to attend anger management classes or be subject to curfews. Breaking any of the conditions of your parole constitutes a violation of parole.
A violation could be for committing a new crime or something technical such as moving out of the area without informing your parole officer. Such violations are taken very seriously by the parole commission. You are considered innocent of any crimes or violations until guilt has been established.
Under law, you have a right to a hearing, the right to defend yourself, and the right to hear the evidence that is presented against you.
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