PRACTICE FOCUS AREA
When a person is convicted of a crime, there is generally a period of probation and/or parole involved. Parole is the remaining period of what was originally a confinement sentence after parole, or early release. Probation is a non-confinement portion of a sentence and, much like parole, carries behavioral restrictions set by the court, a violation of which can result in immediate confinement and eventual revocation and committal to the Department of Corrections. Common conditions include:
- Scheduled meetings with a probation officer
- Maintaining employment
- Remain in the state
- Substance abuse counseling/treatment
- Community service
- Loss of firearms rights
- Submit to random searches by a probation officer
- Payment of fines, fees and/or restitution
There are two categories of violations when it comes to parole: technical and substantive. A technical violation occurs when someone violates the conditions of their probation. A substantive violation is when a person is accused of committing a new crime.
Probation Revocation Hearing
A probation revocation hearing is held when a person is accused of violating their probation. A judge will assess the alleged violation and decide whether or not the person has likely violated the terms of their probated sentence, and if so, whether to amend the conditions, or to revoke either a portion or all of the remaining sentence. At the hearing, defendants are allowed to present evidence or produce witnesses.
It’s important to note that the authorities do not have to prove beyond a reasonable doubt that an individual violated the terms of their probation in order to get their probation revoked. If you’ve been accused of violating your probation, call The Usry Firm to speak with an experienced probation revocation attorney.