A technical violation such as testing positive for drugs can usually be addressed by having the offender attend a treatment program. I know by experience if everyone on probation that tested positive for drugs was revoked, 75% of probationers would go to prison. Judges usually wish to exhaust efforts to allow offenders to attend community treatment programs first, including residential treatment, before sending them to prison for drug usage.
Probably having your probation revoked and a new charge of Coke possession/Use.
Act 402 of the La. Regular Session, 2007 amended and reenacted Code of Criminal Procedure Article 900(A)(5) and (6) and R.S. 15:574.9(B) and enacted Code of Criminal Procedure Article 900(A)(7) and R.S. 15:574.9(G), relative to probation and parole; to provide with respect to revocation for probation or parole for a technical violation; to clarify that those offenders whose probation or parole is revoked for a technical violation shall return to probation or parole after completing the sentence for the technical violation; to provide for a commencement date for the term of the revocation; to amend the definition of "technical violation"; and to provide for related matters.
The conditions of a convicted person's probation are clearly set forth in the documents they receive at the time they are placed on probation. A violation of ANY of those prohibitions constitutes a Violation of Probation (VOP) for which the probation can be revoked and, at the option of the judge, the subject can be remanded to jail to serve the remainder of their sentence.
A Probation Violation Warrant will be issued. Your probation could get revoked and you could be sentenced to a term of incareration in jail or prison.
It depends on how serious the probation violation is considered to be. Your violation wasn't a repeat of the offense you were on probation for, so it's really up to your probation officer. He can give you a warning and another chance, or he can have you arrested and sent to a hearing where your probation could be revoked, and you would serve out your jail sentence.
Usually not, a probation violation is not a new crime, it is simply a violation of a previously adjudicated sentence for a crime that you've already had your constitutional protections for. There usually is no appeal from a VOP.
Yes it is. A condition of probation will require the probationer to obey all the laws. Driving a vehicle with a suspended license is an offense, and could subject the probationer to having his/her probation revoked or modified.
No. A sentence of probation means that you have already been tried and found guilty of an offense. If you violate your sentence (probation) you do not get a second bite at the apple with all the constitutional guarantees.
No, your probation is for a past offense and can be revoked at any point by your probation officer. ANSWER No you do not need to be found guilty of new charges. Any violation of the conditions of probation can result in revocation. Probation officers do not revoke probation only a judge can order probation revoked.
It depends on the crime and the motivation. Pleading guilty does not mean a custodial sentence. There may be a fine, community service, mental evaluation, or just a plain old warning not to do it again.
Sort of a "catch-all" description for a judicial, a non-judicial, or a 'quasi-judicial' hearing at which decisions are made. It could have reference to a DMV hearing at which a decision on your drivers license is being considered - a quasi-judcial hearing at which a decision is gong to be made about revoking your parole/probation, etc.
That person could be arrested for violation of probation and have their probation revoked which ends up with the person going to jail. You may also have a new set of probation terms given to you.