Our firm has been involved in a number of cases involving petitions to revoke probation or parole. The procedure varies greatly from petitions to revoke probation versus that of parole.
Probation Revocations generally begin with a Motion or Petition to Revoke Probation. These are generally filed by the District Attorney’s Office, a Probation Officer, or a Community Corrections Officer. A Judge possesses the ability to revoke a defendant’s probation after a hearing based on the allegations contained in the Motion or Petition to Revoke Probation. There does not have to be a conviction of a new offense for a defendant to be arrested and his probation or parole revoked; it can be based on allegations alone. There are some limitations on technical violations of probation that limit a judge’s authority to impose a sentence of greater than ninety days.
In a Parole Revocation Hearing, a person is arrested and placed in custody to await a preliminary parole revocation hearing. The parole revocation hearing is not handled by a judge. It is handled by a supervising Parole Officer. Once the hearing is completed, the Parole Officer will make a recommendation to the Board of Pardons and Parole and they issue the final decision on whether an offender’s parole should be revoked. An attorney is absolutely necessary if you are in either of these situations because your freedom is at serious risk when you are at this point and the Government is accusing you of reoffending.