Legal Process of a Violation of Probation

In a violation of probation case, the following steps are followed:

• Notice of Violation: If the probation officer believes there has been a violation of probation, they may file an Affidavit of Violation with the court.  That notice outlines the conditions the probationer has allegedly violated and triggers the legal process.

  
  

• Arrest:  If necessary, the court may issue a warrant directing law enforcement officers to arrest the probationer pending the violation of the probation hearing.

  
  

• Arraignment: At the arraignment, the allegations are read to the probationer, who can either admit or deny them. If admitted, the court will proceed with sentencing. If denied, the court will set the case for a hearing.

  
  

• Hearing:  If the violation is set for a hearing, the probationer has the right to present a defense and provide explanations for the alleged violations.  Remember, the probationer does not have the right to refuse to testify and the standard of proof is lower than in the original case.

  
  

If you or someone you know is facing a violation of probation, contact Howeller Law P.L.L.C. today. Consultations are always free.