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Probation Revocation HRG Required

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December 18, 2005, 10:31
jo
Probation Revocation HRG Required
Are probation revocation hearings required even when there exists an obvious violation, such as a subsequent felony conviction? I am aware of one defendant who was sentenced to 5 yrs. for evading, but the facility where he's serving his time reflects he has 10 yrs. to serve. He previously was given a 10 yr. suspended sentence as part of probation, but no hearing was ever held after the most recent evading conviction. Am I missing something? Sorry if this is an obvious question, I'm a former prosecutor now doing primarily civil work for the govt.
December 18, 2005, 11:52
DPB
Revocation of probation merely requires due process. There are also provisions for revocation in absentia if the defendant consents.
December 18, 2005, 13:28
jo
I understand due process is required. My question is a hearing required pursuant thereto?