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Can Probation be revoked?

Cincinnati, OH |

If the person has never had a probation violation can a probation revocation hearing be set up or do they have to file probation violations on someone before it's revoked?

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Attorney answers 2

Posted

There has to be a Violation of Probation before probation can be revoked. A probation officer cannot unilaterally revoke your probation. They can violate you and ask the judge to revoke.

The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Asker

Posted

I guess I should've reworded this. It is a first time of probation of violation. The probation office has requested a probation revocation review hearing. Why wouldn't it be set for a probation violaton hearing and not a revocation hearing if first offense on a probation? It don't make sense. Thank you!

John Skyler Riordan

John Skyler Riordan

Posted

Wording may differ slightly, but the hearing is the same. it is a probation violation/revocation hearing. It is the same thing. The State is looking to revoke, the defense is looking to resinstate. Get with your lawyer and discuss in detail the basis for reinstatement. Many factors go into the decision. The original charge, the type of violation, past criminal history, the prosecutor, the judge assigned, etc. Speak to your lawyer.

Posted

A judge must revoke the probation. A probation officer can only file a violation based on some type of violation.

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