probation revocation | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Community Corrections

Probation revocation refers to the process by which a court terminates a probationer’s probationary status due to a violation of the conditions of their probation, which may result in incarceration or other penalties.

Probation is a form of alternative sentencing that allows individuals to avoid incarceration while being monitored and held accountable for their actions. As a condition of probation, individuals must comply with specific terms and conditions set by the court, such as regular check-ins with a probation officer, drug testing, and restrictions on travel and association with certain individuals.

If a probationer violates any of the conditions of their probation, the court may initiate a probation revocation proceeding. This typically begins with a hearing, during which the probationer has the right to be represented by an attorney and present evidence in their defense. The hearing is usually conducted by a judge, who will determine whether the probationer has, in fact, violated the conditions of their probation.

If the judge finds that the probationer has violated their probation, they may choose to impose a variety of penalties, depending on the severity and nature of the violation. One possible penalty is probation revocation, which involves terminating the probationer’s probationary status and imposing the original suspended sentence when probation was granted. This may include a term of imprisonment, fines, or other sanctions.

Before imposing probation revocation, the judge may consider a number of factors, such as the nature and severity of the violation, the probationer’s criminal history, and the likelihood of future violations. In some cases, the judge may choose to impose alternative sanctions, such as extending the term of probation or imposing additional conditions, rather than revoking probation outright.

It is important to note that probation revocation proceedings are subject to due process protections, and probationers have the right to a fair and impartial hearing before their probationary status can be terminated. Additionally, probationers have the right to legal representation and the opportunity to present evidence in their defense.

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Last Modified: 03/13/2023


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