After probation is ordered, you are required to follow the terms of the order that is established by the court. If you fail to do so, you could face a revocation. A hearing will be held and a judge will decide whether revocation is necessary. If the judge rules that you are guilty of violating the terms of your probation, you could face jail, prison, or an extension of your probation. If you are facing revocation, here is what you need to know.
Can You Appeal a Revocation Decision?
If the judge revokes your probation, you do have the right to request an appeal. However, an appeal is challenging to win. There is no "reasonable doubt" requirement in proving that you violated probation, which makes it more difficult for probationers to argue that a revocation is not warranted. It is not impossible though.
Before challenging the decision though, you must quickly assess the reason for the revocation, the judge's decision, the evidence that he or she was presented, and determine if you can overcome it. The amount of time you are allowed is limited, so you must act as soon as possible.
Which Type of Appeal Is Best?
In some states, you have the option of filing for an administrative appeal or judicial review. Both processes are different and could have different results. Therefore, it is important that you discuss with your criminal attorney which is right for you.
An administrative appeal is the path your attorney will likely recommend. Instead of appealing to the court, you would appeal to an administrator. The administrator would review the evidence that was presented at your hearing and determine if the revocation was warranted.
To start the process, you would submit a written appeal and your evidence. The other party concerned, which is likely the probation department, will submit its evidence and a decision will be made.
In a judicial review, your case will go before the same court that heard the original revocation case. You will have to file a written appeal to the court that asks the judge to reconsider the evidence that was presented to determine if it was legally enough for a revocation. In an essence, you are asking the court to look at the evidence again. If the judge decides that it is not, the revocation will not stand.
Due to the challenges that come with appealing a revocation, it is imperative that you work with a criminal attorney.
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