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Probation allows a convicted criminal offender the opportunity to remain in the community and generally carry on with his life following a sentence. Probation is revoked, however, in certain situations. Understanding what is revocation of probation is important if you or a loved one are involved in the criminal justice system.
Function
Revocation of probation occurs when a sentenced criminal offender either violates the terms of his probation or is convicted of a new crime while on probation.
Significance
Revocation of probation is extremely significant. A criminal offender oftentimes is sentenced to a term of incarceration in jail or prison when probation is revoked.
Considerations
A probation officer considers the seriousness of the violation when determining the penalty associated with probation revocation.
Misconceptions
A common misconception is that a probation officer automatically revokes a probationary sentence. In fact, a person on probation has the right to a hearing.
Warning
A person facing the prospect of a probation revocation is best served by retaining a criminal attorney to represent his interests.
Source:
"Probation and Parole: Theory and Practice;" Howard Abadinsky; 2008
"Probation, Parole and Community Corrections;" Dean J. Champion; 2007
Resource:
American Bar Association: Section of Criminal Justice
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