what does it mean when the DA petitions to revoke probation?

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what does it mean when the DA petitions to revoke probation?

Asked on June 10, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It means that there has been a probation violation and the DA is petitioning (asking the court) to revoke probation. The definition of revoke is to put an end to the validation or operation of something. As soon as a probation violation occurs, an arrest may follow shortly thereafter and/or the defendant may be ordered to court for a probation violation hearing. During the court hearing, the prosecutor must prove the violation by more than 50% of the evidence, as opposed to "beyond a reasonable doubt" which is necessary for a criminal trial.

There are several factors that the Judge and Prosecutor use when considering a probation violation. They include:

  • The seriousness of the probation violation
  • The nature of the probation violation
  • The history of previous probation violations
  • New criminal activity surrounding the probation violation
  • Aggravating and mitigating circumstances of the probation violation
  • The probation officer and/or probation department's view of the probation violation
  • The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)

If you are found to have violated your probation there a various consequences that you may suffer. You could have your probationary period extended, you could have other changes to your probation (such as counseling, a treatment program or physical labor added), you could have reinstatement of your probation on the same terms that you had before, or your probation could be revoked and you will receive a prison sentence.


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