This is a Motion and accompanying Order seeking to revoke the probation because the probationer has violated the terms of his probation
This is a Motion and accompanying Order seeking to revoke the probation because the probationer has violated the terms of his probation
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Judge may revoke probation and impose original sentence If the judge suspended your original sentence and ordered probation in lieu of jail time, a violation can result in the revocation of your probation and imposition of the suspended jail or prison sentence.
Once you are returned to custody, the Authority is advised and it then fixes a date when it will review the revocation. This is a hearing at which you can appear and be represented. The hearing is usually four to six weeks after you have been returned to custody.
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.
The Probation Revocation Hearing A 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.
A petition to revoke is filed by the prosecutor -- a prosecutor files a petition to revoke when the prosecutor wants to revoke your sentence because you failed to complete a condition of your sentence, such as your failure to complete all...
A petition to revoke is a document filed by a prosecutor in a criminal case.A petition includes a statement indicating when the person was placed on probation, conditional discharge or supervision, the conditions imposed and a statement alleging in what way the person violated the court order.
Most frequent violations for which revocation occurs include: Failure to report as required. Failure to participate in treatment programs. Alcohol or drug abuse while under supervision.
§ 2.103 Revocation hearing procedure. (a) The purpose of the revocation hearing shall be to determine whether the parolee has violated the conditions of his release and, if so, whether his parole or mandatory release should be revoked or reinstated.
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.