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Violations of probation

If a defendant is on probation (as part of a guilty plea or as part of a deferred judgment and sentence), and a defendant’s probation officer believes a defendant has violated the terms and conditions of  their probation, the defendant will usually be given a summons requiring a defendant to return to court, although sometimes the probation officer will ask that the Judge issue an arrest warrant. Also, if  a defendant is not in contact with a their probation officer, the probation officer may ask the Judge to issue a warrant for a defendant’s arrest.

When a defendant appears in court for a probation violation, the defendant will have the option to discuss their probation revocation case with the assigned prosecutor.  Of course, the defendant also has the option of seeking the advice of an attorney.

When there is an allegation that a defendant has violated their probation, the defendant may resolve the allegation by a plea agreement or schedule a hearing. The hearing will be in front of a Judge.  There is no right to a jury trial for a probation revocation.