A Revocation Hearing, Essay Example

A revocation hearing is conducted when a supervisory offers believes that the individual on probation that they are monitoring broke the terms of his or her probation. In order for the hearing to be held, the probation officer must issue a report that outlines the specific terms that have been broken in addition to issuing a relevant report and recommending a suitable punishment. The probation revocation hearing could be necessary for a variety of reasons. This could include the inability of the probationer to check in the probation officer at regular intervals or result from a violation of probation terms. Specific instances in which probation could be violated is when an individual does not appear in court at a certain date and time, not paying fines to victims of the crime, visiting certain people or places or travelling out of state without permission, possessing illegal items, and committing other crimes.

The steps involved in the probation revocation hearing include a warning or request to the probationer for him or her to appear in court, a determination of the probation violation, and the sentencing. It is important to ensure that the probationer is able to access his or her rights throughout the process, which includes a receipt of notice of the claimed violation, the right to be heard by a natural judge in court, attorney representation, and the right to call witnesses and present evidence.

After the probation revocation hearing is requested, the probationer has the right to request the presence of an attorney. The two steps of the hearing process include a preliminary revocation hearing and possibly a full evidential hearing. At the preliminary hearing, the judge will ask the probationer if he or she claims guilt or innocence. At this point, the grant of probation could be simply reinstated. If the probationer claims innocence, then a formal hearing will be held. Witnesses will be called and evidence will be presented during the evidentiary hearing. At this point, the judge will decide whether the probation is reinstated or whether the individual should be sent to prison. Since there is a lot at stake, defense attorneys can be called to help the probationer defend him or herself.

After the revocation hearing, if the probationer is found guilty, the probationer could be potentially sent to prison. As an alternative, the probationer could be charged hefty fines. Some of the prison sentences could include a boot camp, and the duration of the prison stay is determined by the judge. To offset potentially long stays, probationers would benefit by making use of a lawyer that is able to present a compelling case in their defense.

The worst consequence of being called guilty at a probation revocation hearing is being punished by jail time. It is important for individuals who wish to not go to prison after committing a probation violation to profess their guilt at the preliminary hearing, as the decisions that are made in the hearing itself could be more detrimental. It is easier for these individuals to take the necessary steps to ensure that their probation is simply reinstated and that they do not suffer any additional punishment during this process.