Answer to Question 1
o Preliminary hearing:
In this appearance before a disinterested person, the facts of the violation or arrest are presented, and it is determined whether probable cause for revoking probation exists.
The hearing can be waived by the probationer.
o Revocation hearing:
During this hearing, the probation agency presents evidence to support its claim of violation, and the probationer can attempt to refute this evidence.
The probationer has the right to know the charges being brought against him or her.
Probationers can testify on their own behalf and present witnesses in their favor, as well as confront and cross-examine adverse witnesses.
A neutral and detached body must hear the evidence and rule in favor of the probation agency or the offender.
o Revocation sentencing:
If the presiding body rules against the probationer, then the judge must decide whether to impose incarceration and for what length of time.
In a revocation hearing dealing with technical violations, the judge will often reimpose probation with stricter terms or intermediate sanctions.
Answer to Question 2
d
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