List and discuss the three stages of the revocation process
What will be an ideal response?
o Preliminary hearing:
• In this appearance before a "disinterested person," the facts of the violation or arrest are presented, and it is determined whether probable cause for revoking probation exists.
• The hearing can be waived by the probationer.
o Revocation hearing:
• During this hearing, the probation agency presents evidence to support its claim of violation, and the probationer can attempt to refute this evidence.
• The probationer has the right to know the charges being brought against him or her.
• Probationers can testify on their own behalf and present witnesses in their favor, as well as confront and cross-examine adverse witnesses.
• A "neutral and detached" body must hear the evidence and rule in favor of the probation agency or the offender.
o Revocation sentencing:
• If the presiding body rules against the probationer, then the judge must decide whether to impose incarceration and for what length of time.
• In a revocation hearing dealing with technical violations, the judge will often reimpose probation with stricter terms or intermediate sanctions.
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