Law & Legal & Attorney Criminal Law & procedure

Motions to Revoke Probation

When an individual is convicted of a crime, he or she may be forced to deal with fines, incarceration, and probation.
Typically, a judge will assign probation to a person who is convicted or sentenced in court, and in some cases, probation may be assessed in lieu of incarceration.
The judge will typically assign the length of probation and will set any specific guidelines based on the circumstances surrounding the case.
It is essential that individuals who are placed on probation follow all the rules outlined by the court.
Failure to do so may result in revocation of probation, fines, or may result in incarceration.
If an individual is charged with failing to meet the requirements set by the court, a "motion to revoke probation" may be filed with the court.
Once the motion is filed with the court, the judge will typically issue an arrest warrant for the accused individual.
Such warrants do not typically include a set bond, which means that the individual may be held without bail until a bond has been set.
If a person violates his or her probation, the case no longer becomes focused on the original crime, but often becomes a matter of the terms of the probation.
This means that the prosecutor only needs to prove that the terms of probation were set and that the individual failed to meet the requirements of the court.
If the person is found guilty of violating the terms of his probation, the court may decide to revoke his or her freedoms and may impose heavy criminal penalties as a result.

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