What is probation revocation?
After being placed on probation (called “community supervision” in statutes), the prosecuting attorney may file a “motion to revoke” probation, alleging that the probationer violated the conditions of probation. Probationers often wrongly assume that a probation officer can “revoke” them. Revocation can occur only after a motion has been filed, served on the probationer, and after the probationer has had an opportunity to defend himself against the allegations in the motion. The government is then required to prove the probationer violated the conditions of his probation. No jury trial will occur; this hearing is before the sentencing judge. The proof requirement is a “preponderance,” meaning it is more likely than not that the violation happened. For example, a probationer who was required not to commit any crimes gets arrested for possession of marijuana. The government can win only if it can prove that it is more likely than not that the probationer intended or knew he was in posses
