False Revocation Hearing Process

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Revocation Hearing Process When a suspect is found guilty of a given crime, the judge may suspend whatever penalty liable and instead grant a probation term. When under probation, the accused is expected to observe the terms and conditions as stipulated by the court. The probationer is under strict supervision of the court, either through the police or the probation officers, such as the rehabilitation center staff. If the probationer commits a new crime or breaks the probation terms, they are prosecuted in a revocation hearing (abbreviated elsewhere in the essay as RH). The following is review of a probation revocation hearing process. RH, just like any other hearing, is a legal proceeding held in a court of law. It is often held before a judge as juries are not necessary; however, the prosecution and the defendant must be present at the hearing (justia.com). As the Cornell University Law School expounds, an RH is often conducted in two stages (cornell.edu). The first, namely the preliminary revocation, is meant to give the accused an opportunity to agree or deny the violation charges. At this stage, the defendant may choose to agree to the charges and request the judge to reinstate the probation. If the accused denies the charges, the RH will then proceed to an…show more content…
Often, probation grants are withdrawn during the preliminary hearing. The accused is, therefore, held on remand waiting for the evidentiary hearing. When the RH is held as a result of the defendant’s violation of the probation condition, then the prosecution may seek to have the probation revoked and instead an imprisonment ordered. The prosecution intends to persuade the court that the original penalty that the jury suspended in favor of the probation grant is warranted. In the event of a new crime, the prosecution may even apply for a stiffer punishment for the

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