If you or a loved one is accused of violating conditions of probation, you are entitled to a hearing. A person found in violation of the conditions of probation may be sentenced for the original offense placing them on probation.
When the probation officer moves the court for an order of detention, aka custody/ held, you are entitled to a preliminary hearing. At that preliminary hearing, the probation department and defense lawyer will argue to the judge whether or not the court should enter a finding of probable cause. A finding of probable cause is required to hold a Probationer for a later probation revocation hearing. Often, this second hearing is called a "final surrender".
Probation revocation hearings proceed in two (2) distinct steps:
- First, the court must adjudicate the factual issue of whether the alleged violation occurred.
- Second, if the court finds you in violation of probation, then the court proceeds to revoke the order of probation and impose a sentence.
The standard at a probation violation hearing is probable cause. That standard is lower than the beyond a reasonable doubt standard in a criminal trial. In probation violations, you do not get a jury. The decisions are made by the judge.