Probation Violation and Revocation

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Any conditional release such as probation can be revoked if the conditions governing that release are violated or if a new crime is committed during the probationary period.

If a probation officer believes that a violation warranting revocation has occurred, the probationer will receive written notification of the alleged violations. There will be a preliminary hearing for determining whether sufficient probable cause exists to pursue the case, and, if warranted, a revocation hearing.

A revocation hearing's standard of proof is a "preponderance of the evidence" which is lower than what is required at a criminal trial. Possible outcomes of a revocation hearing include:

  • Return to supervision
  • Reprimand and return to supervision
  • Probation revoked and return to prison

Below is the Kentucky Law regarding the arrest of a defendant on probation or conditional discharge:

(1) At any time before the discharge of the defendant or the termination of the sentence of probation or conditional discharge:

(a) The court may summon the defendant to appear before it or may issue a warrant for his arrest upon a finding of probable cause to believe that he has failed to comply with a condition of the sentence; or

(b) A probation officer, or peace officer acting at the direction of a probation officer, who sees the defendant violate the terms of his probation or conditional discharge may arrest the defendant without a warrant.

(2) The court may not revoke or modify the conditions of a sentence of probation or conditional discharge except after a hearing with defendant represented by counsel and following a written notice of the grounds for revocation or modification.

In Ohio, the following circumstances could constitute violation of probation depending on the conditions of the release:

  • Failure to maintain contact with your probation officer
  • Failing an alcohol or drug test
  • Failing to show up for an alcohol or drug test
  • Failure to complete alcohol or drug dependency treatment, anger management counseling, parenting classes, or remedial driving courses
  • Associating with known criminals
  • Failure to observe a domestic violence protective order
  • Failing to register as a sex offender
  • Failing to report a change of address or employment status

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