A probation revocation hearing occurs when someone serving a probation sentence violates the terms of the probation, according to Nolo. This hearing determines if the probationer violated the terms of probation. In some cases, it's also when a sentence is issued if the probationer did violate the probation terms.Know More
While a probation revocation hearing is a court procedure to determine guilt or innocence, it isn't one that is heard before a jury. Instead, the prosecution presents a case directly to the judge. The probationer can present a defense, usually with the help of an attorney. The judge then decides if the probation terms were violated. This isn't based on a theory of "beyond a reasonable doubt" like other criminal law proceedings. Instead, it is based on a theory of "more likely than not" or "a preponderance of the evidence," according to FindLaw.
If the probationer is found guilty, the judge can then hand down a sentence. For minor violations, the court might order additional time on probation or order new probation terms. For more serious violations or for repeat probation violations, the court can revoke the probation. When that occurs, the probationer must serve out any prison term or other suspended sentences that were handed down when the person was found or pleaded guilty to the original crime. If the probation violation resulted in a new criminal charge, the probationer will go through the criminal justice system to answer to those charges.Learn more in Law
Juvenile probation terms don't end when a person turns 18. An individual may remain under the jurisdiction of the Division of Juvenile Justice until the age of 25. A judge is the only one who can release a child from probation, states County of San Mateo Probation.Full Answer >
A disposition hearing is the sentencing phase of a juvenile court proceeding during which time the defendant enters treatment, training or rehabilitation, according to USLegal. This type of hearing occurs after the juvenile case is adjudicated properly in a state or local court system. A sentence is made at the disposition that determines what happens to the juvenile suspect after the court case is resolved.Full Answer >
According to the law firm Eason and Tambornini, the term "deposition hearing" refers to a court-approved session during which time counsel may ask people involved in a case questions that must be answered under oath. During a deposition, a court reporter records the questions and answers.Full Answer >
A preliminary hearing determines whether there is enough evidence to force an individual to stand trial, but it does not determine guilt or innocence. According to Nolo, a preliminary hearing allows both the prosecution and the defense to outline their cases, although the defense is not obligated to present information.Full Answer >