If during probation it appears that the probationer is likely to again engage in criminal conduct, the court may revoke probation. If probation is revoked, the court may sentence the probationer in the same manner and to the same penalty as it could have done if probation had not been granted.
You can violate your probation in one of two ways:
If your probation officer issues a warrant, you will be arrested and held in jail until your probation revocation hearing. If you want a lawyer, you'll have to hire one. The probation revocation hearing usually occurs within 30 days of the arrest.
At the probation hearing you are not entitled to a jury trial. You have already pled guilty and been placed on probation. The hearing will consist of a judge determining whether to send you to jail or leave you on probation.
If your probation is being revoked because of a new criminal charge, it is essential that you hire a criminal defense attorney to handle both situations. Why? Simply put, an attorney can force the state to comply with the law and have a probation revocation hearing prior to your new court case.
If your probation is in jeopardy, contact The Law Office of Brock Duke and we will see to it that your rights are protected and your voice is heard.
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