Louisiana Motion and Order to Suspend Condition of Probation
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FAQ
There are two types of probation violations: technical violations and substantive violations. Understanding the difference between them is helpful in fighting any criminal charges arising out of a violation.
A motion to revoke probation is a document that says you did something wrong while on probation.In a motion to revoke probation, the courts will likely try to send you back to jail or prison. This is the opposite of a motion to dismiss, which would mean the case goes away entirely.
According to LA Code Crim Pro 899, the court may issue an arrest warrant for an individual at any time during their probation for violation or threatened violation of the conditions of their probation. Once arrested, the individual can be placed in the custody of the court or assigned to a detention facility.
It means that the person who had part of his sentence suspended was found in violation of a probationary term and was sentenced to the remainder of the jail sentence.
Prove That You Did Not Actually Violate Your Probation. At a probation violation hearing, a judge essentially makes two determinations: 1.) Fix the Violations That Can Be Fixed. Work to Address Your Failings. Make a Positive Contribution to Society. Seek Out Quality Mentors.
Common reasons for revocation of probation include: Failure to Pay Court Fees and Fines. A majority of the people placed on probation are required to pay fines. Having a Positive Urine Test for Drugs or Alcohol. Committing a New Offense.
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.
A Probation Revocation is an action initiated by the Probation Officer alleging that a Probationer has violated the Terms and Conditions of their probation.