form of plea deal from vaious jurisdiction, defendant pleads guilty or no contest in exchange for meeting certain requirements specified by the courts. Upon completion may avoid a formal conviction on record or have case dismissed.
serious matter to the probationer because most of the time, it removes a certain level of freedom at a higher cost to taxpayers...more intensive punishement such as residential facility, electronic monitoring or jail
Article 3564 of the Federal Rules of Criminal Procedure
states that the court may terminate a term of probation previously ordered and discharge the defendant at any time in the case of misdemeanor or an infraction or at any time after the expiration of one year of probation, in the case of felony, such action is warranted by the conduct of the defendant and the interest of justice.
The authority to terminate probation early
is vested in the judge, who acts on the initial recommendation of the probation officer.
are in house approaches that take place through a probation officer, sometimes in conjunction with a supervisor's advice or approval, prior to filing a formal revocation with the courts
Examples of administrative options
Oral/written reprimands, staffing, motivational interviewing techniques or a directive
The court judge has the discretionary
authority to revoke probation. The authority remains with he court that granted probation unless the case has been transferred to another court that is given the same powers as the sentencing court.
Dicretionary revocation allows the court to
1. continue probation with or without extending term
2. modify condition
3. revoke and resentence the defendant
Federal systerm - mandatory revocation include
1. committing any crime of violence or sexual contact of child younger than 16
2. possession of a firearm
3. possession of a controlled substance or positive drug test
4. refusal to comply with drug testing
mutiple violations that breach one or more non criminal conditions of probation - Failure to report, postive drug test, failure to maintain employment, failure to attend treatment
Revocation procedures are
governed by a combination of constitutional rules; state law, and agency policy.
Arrest of probationer for technical violation
or arrest for a new crime does not automatically mean that probation will be revoked - just means officer can incarcerate the offender and request that the court conduct a revocation hearing
Bruggeman v State
no time credit - if probation is revoked and the offender goes to prison, most courts have ruled that time served on probation or parole is not credited toward the sentence in the same way that incarceration time in jail or prison would be.
A probation or parole hearing is an administrative hearing that is closer
to a civil proceeding because it is seen as an extension of the existing sentence
Probationer/parolee is not entitled to the 5th Amendent privilege against
self incrimination. A revocation hearing may prejudice the outcome against the defendant.
Morrissey v Brewer -
on PAROLE - 1. written notice
2. disclosure of evidence of violation
3. The opportunity to be heard in person/preset evidence and witnesses
4. The right to confront/cross exam witnesses
5. right to judgement by a detached/neutral body
6. written stateent of the reasons revoking probation including evidence used
7. 2 stage hearing
Gagnon v Scarpelli
on PROBATION and committed a burglary. His probation revoked without a hearing and without a lawyer present. Writ of habeas corpus. 1. due process 2. right to lawyer
The court said probationers were entitled
to a two-stage hearing consisting of a preliminary hearing and final revocation hearing.
an inquiry conducted to determine if there is probable cause to believe that the offender committed a probation/parole violation
Final Revocation hearing
a due process hearing that must be conducted before the probation or parole can be revoked
Preponderance of the evidence
a level of proof used in a probation revocation admin hearing in which the judge decides based on which side presents more convincing evidence and its probable truth or accuracy and not necessarily on the amount of evidence
Probationers who are revoked
for not fulfilling financial committments, offenders on deferred adjudication, juvie probation revocations, and consequences if the probation term has expired.