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CHAPTER 14: POST-JUDGMENT PROCEEDINGS - Table of Contents

14.1 - Overview14.2 - Direct Appeals14.3 - Crim. p. 35(b) Proceedings (Reconsideration of Sentence)14.4 - Crim. P. 35(c) Proceedings14.5 - Revocation Proceedings14.6 - Appeals to Federal Court14.7 - Appeals in Civil Cases

14.5 REVOCATION PROCEEDINGS

Every defendant who is placed on probation, in a community corrections halfway house setting, or on a deferred judgment and sentence or deferred prosecution, rather than being sent to jail or to prison, must comply with certain conditions. Probation, and the conditions that can be imposed on probation and community sentences, are discussed in Chapter 7.8. A failure to comply with these conditions may result in a revocation proceeding. For direct sentences to community corrections, the Community Corrections Board determines whether a violation has occurred and whether to reject the defendant from the program. For sentences to probation or for deferred sentences, the court determines whether a violation has occurred.

A revocation proceeding begins when a probation officer or other person supervising the sentence, a prosecutor, or a court official develops reason to believe that an individual is not complying with the conditions of the sentence. A complaint alleging a violation of the deferred sentence, probation, or community corrections sentence is filed with the court. The Court may issue an arrest warrant or send a notice to the defendant ordering him or her to appear in court and answer this complaint. If the defendant fails to appear in response to this summons, an arrest warrant will be issued. At the first appearance for violations of a deferred sentence or of probation, the defendant is advised of his or her rights and may either admit or deny the complaint.

If the defendant admits the complaint, the judge will listen to the parties. . If the defendant was on a deferred sentence, the court must enter judgment of conviction based on the original guilty plea and imposes any authorized sentence. If the person was on probation, the judge can continue the probation or revoke it and impose any sentence that the judge could have originally imposed. If the defendant was sentence directly to community corrections, the judge may re-sentence the defendant without any further hearing as long as the length of the new sentence does not exceed the length of the original sentence.

If the defendant denies the complaint on violations of probation or deferred sentences, the court sets a hearing. At the hearing, the prosecution must prove the allegations in the complaint to the satisfaction of the judge. While the probationer has the right to be represented by counsel, revocation proceedings are much more informal. The rules of evidence are relaxed and the burden of proof is generally lower than at a trial. If the court is satisfied that probation has been violated, the court may continue the probation or revoke the probation and impose any authorized sentence. If the court is not satisfied that probation has been violated, the court will place the defendant back on probation subject to the original terms and conditions.

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