If you are on probation and the District Attorney files a Motion to Revoke Probation, it means the prosecutor believes that you have violated one or more of your terms of probation, and they are trying to get you arrested so you can be incarcerated in jail or prison.
It’s the prosecutor’s way of saying, “You already got probation as a second chance, but now you’ve messed up and you’re going to pay for your mistake.”
What are some ways to violate your probation? For example, suppose a probationer failed a drug test, or was arrested for a new crime while on probation – those would both be valid “probation violations” that could cause a prosecutor to file a Motion to Revoke Probation.
Once a parole officer discovers a violation or is “alerted” by a concerned citizen, it’s up to the PO to decide what to do. If the violation was relatively minor, the PO may not want to waste the court’s time with it. Instead, he or she will try to resolve the issue themselves.
On the other hand, if the probationer has repeatedly violated the same condition, or violated their probation too many times, or if the probationer commits a serious violation, such as getting re-arrested or leaving the state without the PO’s permission, the PO can refer the case to the District Attorney’s Office. Once it gets this far, usually the DA moves to file a Motion to Revoke Probation.
Will a Warrant Be Issued?
Once the DA files a Motion to Revoke Probation, the next step is to secure a warrant for the violator’s arrest. In some cases, a bond is set with the warrant, but not always. Usually, bonds are set when the original offense or the probation violation was serious. Once the warrant has been issued and the probationer arrested, the court schedules an initial appearance so the probationer can address and resolve their case.
If you’re being accused of a probation violation, you need a solid defense. Contact The Zendeh Del Law Firm, PLLC today for the help you need.