If you have been sentenced and are placed on probation, you are expected to comply
with all terms of your probation (i.e., be law abiding, appear for all meetings, not
to drink alcohol, etc.) otherwise the Adult Probation Officer can file a "Petition to
Revoke Probation," pursuant to 17A, Rules of Crim.Proc., Rule 27, et al., which could
lead to a "Warrant" for an arrest.
Probation Violation (PV) Arraignment:
The first court date is an Arraignment where
the person will either admit or denies the violation - in which case it is set over for
a "Probation Violation Hearing." A "Probation Violation Report" (PVR) is usually
prepared for the case for a possible admission or a later disposition due to court
finding a violation.
Probation Violation Hearing: After an entry of denial a
Probation Violation Hearing will be held where the prosecutor will bring in witnesses
to testify as to exactly which terms of probation were violated. These hearings are
to a judge that allows "hearsay" evidence from the probation officer who can merely
repeat what other people said occurred, which can result in a violation. This is
where other witnesses may be needed to rebut the probation officer's testimony.
Probation Violation Disposition:
If it is found by the judge that there was no violation, you will be placed back on
your original terms of probation. Otherwise, the judge will sentence for a probation
violation. The judge has several options, to "Revoke" the probation and sentence
you to prison time within the allowable range. The judge can also "Reinstate" you
back onto probation for either the exact same terms you were on or increase the probation
by adding additional terms, including "Intensive Probation."
Intensive Probation Service (IPS)
is a much stricter form of probation commonly thought of as "house arrest" and you must
call the Adult Probation Officer when you move from one location to another. Additionally,
on IPS a person is monitored at home on a more frequent basis.
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