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 deny 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):
IPS is a much stricter form of probation commonly thought of a "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.
|
ALL INFORMATION IS CONFIDENTIAL
Our Office (602) 476-9669 |