Probation revocation?

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Who determine a probation revocation the judge or the probation officer? He was riding in a car with someone and they had drugs on them also he is a mental health patient could this help him in any way to beat the charges and if he do beat the charges could that reflect how his probation revocation turn out ?

Attorney Answers

4
Daniel Deasy ·
The probations officer, together with the prosecutor, file the notice of revocation and then, after the paperwork is filed, the judge decides if forced to a hearing.
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Raymond Haselman ·
In the end, its up to the Judge but it usually begins with the probation officer.
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Jill Polster ·
Sounds like he has new charges that are the reason for the revocation. Depending on how the jurisdiction handles scheduling revocations he could be revoked before the new case is resolved. At a probation hearing the Judge will determine whether or not the state has proven the new offense by a preponderance of the evidence, a standard lower than reasonable doubt. If there are technical violations such as failure to report or failure to pay or complete conditions the Judge will revoke based on the testimony of the p.o. Sounds like he has good defenses on the new case if the contraband was found on other people in the car. He needs a lawyer for sure.
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Kathleen Williams ·
Your friend needs to consult with an experienced criminal defense attorney. As another attorney who responded pointed out, while your friend may have defenses to the new charges which are probably a subject of the violation of probation hearing, there are often other issues that are raised at a violation of probation hearing. The judge ultimately makes the decision about whether probation has been violated, based on a more likely than not preponderance of the evidence standard.
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