What Is A Motion To Revoke Probation And How Does It Work?
When a Motion to Revoke probation is filed, it basically means that the District Attorney feels or believes that you have violated the terms and conditions of your probation. This guide is meant to provide a brief overview of the nuts and bolts involved with a typical probation revocation case.
What Causes A Motion To Revoke Probation To Be Filed?A Motion to Revoke Probation is typically filed when a person has violated a term or condition of their probation. Once a violation has occurred and been discovered, it is up to the probation officer to determine what action to take. If the violation is minor, sometimes the probation officer might prefer to deal with the violation themselves. However, if the violation is serious or has occurred several times, the probation officer will often times report the violation to the District Attorney's office. Once the District Attorney learns of the violation, it is highly likely that he or she will file a Motion to Revoke your probation with the Court that originally granted probation.
What Happens Once A Motion To Revoke Probation Has Been Filed With The Court?Once a Motion to Revoke Probation has been filed with the Court, a warrant will be issued for your arrest. Sometimes, the Court will go ahead and set a bond with the warrant, but other times it won't. Whether a bond is set when the warrant is issued generally depends upon the nature of the underlying offense, the type of probation violation, and the number of violations. Once the warrant has been executed, the Court will set your revocation case for an initial appearance in order to try and resolve your case.
What Does It Mean If A Motion To Revoke Probation Has Been Filed?Basically, what it means if a Motion to Revoke Probation has been filed against you is that, the District Attorney is trying to either send you to jail or to prison. The way that the District Attorney views a probation violation is this, "You've already been granted probation and received a second chance, you screwed up, so now you're going to serve some time."
What Can You Do If A Motion To Revoke Probation Has Been Filed Against You?While you do not have the same rights as you do when initially charged with a criminal offense, you are entitled to certain things when faced with a Motion to Revoke Probation. If you are facing probation revocation, it is essential to have an experienced criminal defense attorney help you to ensure that you receive the best possible outcome available in your case.