How does the revocation process work in practice? Discuss the types of violations that may lead to revocation.

Question

What will be an ideal response?

Answer 1

Answers will vary. Revocation of probation is generally triggered in two ways: law violations and technical violations. A law violation occurs if a probationer commits another misdemeanor or felony crime. By contrast, technical violations are a pattern of infractions that breach a condition of probation. Examples of technical violations include testing positive for drugs, failing to report, failing to maintain employment, failing to attend treatment, and associating with known felons.In misdemeanors and drug use/possession, most jurisdictions simply revoke probation instead of prosecuting the offender for the new crime. Revocation for a new crime is a more convenient option that achieves the same result, which is a modification of conditions or incarceration and removal from society. Even if the offender is guilty of a new crime, however, revocation is not automatic. Instead, it is left to the discretion of the court. Although conviction for an offense requires guilt beyond reasonable doubt, the standard of proof for revocation is only a "preponderance of the evidence." What may not suffice for conviction may be adequate for revocation. There is no double jeopardy because revocation is merely an administrative and not a criminal proceeding, even if it results in incarceration.