Probation refers to either an early release from a prison (or jail) sentence or a direct sentence to a period in which the individual is expected to exhibit good behavior – under supervision. The District Attorney (DA), however, can file a Motion to Revoke Probation if he or she believes the person in question is in violation of the terms of his or her probation. It is up to your probation officer to decide what action to take if you are in violation of your probation’s conditions, and if the violation is minor, he or she may deal with the matter on his or her own. If the violation is considered serious or if you have had multiple violations, your probation officer will likely report it out to the DA’s office, and the DA is likely to move forward with a Motion to Revoke Probation.
The Intent of Probation
Probation is intended as a privilege that affords you a second chance in the form of a reprieve from spending time in prison, and any violation of your probation is considered a violation of this privilege. If the DA files a Motion to Revoke, it means that he or she is motivated to end your probation by requiring you to spend time in either jail or prison.
The Motion to Revoke
Once the District Attorney files the Motion to Revoke Probation against you, the court will issue a warrant for your arrest, and this may or may not include the setting of a bond, depending upon the following:
The nature of your original offense (for which you were paroled)
The type of parole violation you have been accused of
The number of parole violations you are accused of having committed
Once the court sends out its order, it will set a date for your initial appearance in your revocation case – at which the court will attempt to resolve the matter.
Bringing Your Strongest Defense
Just because you are facing a Motion to Revoke Probation does not mean that you will be returned directly to jail. You have the right to defend yourself, and you are well advised to have an experienced criminal defense lawyer on your side. Your defense will likely hinge upon sharing evidence that refutes the charge of being in violation of your parole in the first place, that supports the fact that you did not intentionally violate your parole, or that mitigates your liability and limits your exposure to legal redress.