What Are My Legal Rights At A Revocation Hearing?

Most violations occur from the following: failure to report, failure to advise of a change of address, leaving the jurisdiction without permission, additional commission of additional crimes, and use of alcohol if you are on DWI probation.

Do I Have A Right To An Attorney At A Probation Revocation Hearing?

I think if you are experienced in the criminal justice system, you already know the answer to that. It is not even remotely suggested that you try to handle a probation revocation hearing by yourself. An experienced criminal defense attorney well knows that there many steps that can be taken short of a probation revocation hearing which will benefit you and perhaps alleviate the need for such a hearing. It is obvious that you as a probationer could not resolve your matter in the same. If you could, you would have convinced the probation officer not to bring on the probation violation in the first place.

Is The Prosecution Involved Or Is The Decision In A Probation Violation Hearing Up To The Judge?

Yes, the prosecution is involved and will present evidence which he or she feels will meet their burden of providing the violation by a preponderance of the evidence. You as a probationer through your attorney will then be able to present evidence on your behalf and decide whether it is best for you to testify. It will then be up to the presiding judge to decide. A probation officer will no doubt be the main witness on behalf of the prosecution in a probation violation proceeding.
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What Are The Penalties And Consequences I Might Face If I Have Violated My Probation?

If at a probation violation hearing, it is determined that in fact that you have violated particular conditions of probation, the judge has a number of options:

1. He can decide that the violation of probation is not so serious that probation should be revoked.
2. He might decide to continue you on probation and set additional conditions.
3. A judge might also decide that you have not violated your probation and therefore dismiss the matter entirely restoring you to probation.

What Happens If My Probation Is Revoked?

Usually, if your probation is revoked, there is a good chance the court will impose a sentence of incarceration. However, that is not mandatory. A judge will listen to reasonable alternatives proposed by you or your attorney.

Can I Appeal A Probation Violation Conviction?

Yes, you have a right to appeal although you have a heavy burden of proving that the proceeding was so unfair as to deny you due process and therefore result in overturning the judge’s decision.

How Can An Attorney Help Me If I Have Been Accused Of Violating The Conditions Of My Probation?

The first thing I would do is proceed to contact your probation officer and see if there is some way that you can rectify the situation without having to go to a full probation violation hearing. Usually, it has been my experience that working through an experienced attorney can gain you a very satisfactory resolution of this matter without the necessary time and expense of such a hearing.

However, if the probation officer feels that he has given a probationer too many chances and doesn’t want to work with the probationer’s attorney, then it will be necessary to prepare for a probation violation hearing which will involve taking any and all steps necessary to contest each and every single claim the probation officer is asserting.

For more information on Legal Rights At A Revocation Hearing, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.