Contact an Experienced Attorney when Assistance Needed
All right, so first I said, “application to revoke,” and then I said, “motion to revoke”. Why am I changing it up? Well, that’s because it gets changed up out there. Some counties call them application to revoke; other prosecutors like to file them as motions to revoke. Either way, they’re the same thing, though.
That’s where we’re dealing with somebody who’s on probation that got a suspended sentence. Meaning, they were found guilty, but they weren’t thrown in jail. Instead, the judge said, “Pursuant to a plea agreement…” or pursuant to the judge’s ruling, that they got to serve their time outside on probation, where there’s various things they have to complete, and they have to stay out of trouble.
So, if they didn’t complete what they’re supposed to complete, or they got new cases filed, that’s when the prosecutor pops up, files an application to revoke, saying that we want to revoke that suspended part and put you in jail. Okay? And unlike the original offense that has to be proven beyond a reasonable doubt, the burden on a prosecutor is less on a motion to revoke.
It’s only to prove that the rules and conditions of probation were violated or there’s a new offense by preponderance of the evidence. Meaning, more likely than not. Then at that point, once they meet their burden on that, if they can meet their burden on that, it goes to the judge, and the judge can revoke in full or can revoke any potion.
So, if you’re on a 10 year suspended sentence, and you serve nine of it out on probation, doing everything that you were supposed to, but in that tenth year you get into more trouble, they don’t just get to sentence you for that final year.
You don’t get all the credit for the time you served on probation. The judge can give you that full 10 years again, in custody. But the judge doesn’t have to. The judge could say that we want to do two in and the rest on probation, or whatever, the judge has discretion on that.
Obviously, it’s very serious. If you’re facing a motion to revoke, that means the state’s trying to throw you in jail. So, you’re going to want competent representation for that. If you’re under those circumstances, you’re going to want to consult with an attorney. If you want a consult with somebody at my office, the Wirth Law Office, go to makelaweasy.com.