In many instances, those charged with crimes will end up with a sentence of probation as an alternative to doing time. But probation has its pitfalls. If you are on probation and your probation officer believes that you have failed to satisfy a “term or condition” of probation, your probation could be revoked and you could be incarcerated.
Probation violation hearings occur in two parts:
Part 1 is a Probation Detention Hearing, at which the court determines whether there is “probable cause” that a violation has occurred. The probationer and his attorney can be heard. If the judge finds probable cause, he/she must determine whether the probationer should be held in custody pending…
Part II, the Probation Surrender Hearing. At the Surrender hearing, which functions like a less formal trial, the probationer, assisted by his/her attorney, may introduce evidence, call witnesses and testify. After hearing all the evidence, a judge will determine whether a violation has occurred and then decide what to do about it. Outcomes range from termination of probation (best case) to incarceration (worst case); more often, though, judges will either extend the term of probation or add additional conditions going forward.
I have helped clients avoid incarceration at probation violation hearings!
Contact me to discuss any issues you may be having with Probation.
