Criminal Law Questions? Ask a Criminal Lawyer.
Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.
"Probation surrender" refers to a violation of probation. The state "surrenders" a probationer in violation of the terms of his or her probation, in a series of legal proceedings and hearings.
Probation may be violated by: getting arrested, failing to update personal information, failing to check in with the probation officer, failing to pass a drug or alcohol test, failing to pay the probation fee, skipping out on rehabilitation programs, and, in short, getting into any kind of trouble.
The first step in the probation surrender process is receiving a letter from the probation department clarifying the alleged violations and scheduling the probation surrender hearing. The hearing should be scheduled within a reasonable time after the notice is served. In addition, a preliminary probation detention hearing may be scheduled to place a dangerous probationer in jail until the final probation surrender hearing takes place.
During the probation surrender hearing, the probationer has the right to a defense lawyer. The prosecutor must show within a "preponderance of the evidence," which is a "more likely than not" standard unusually low for a criminal proceeding, that the probation was violated. The probation detention hearing has an even lower standard of proof: mere "probable cause" to believe that probation was violated.
Also, the rules of evidence are very light in probation surrender hearings. For example, prosecutors representing the probation department may bring in "hearsay" evidence and unlawfully seized evidence. Sentencing during a probation surrender hearing may include: incarceration, longer probation, electronic monitoring, house arrest, additional community service, loss of drivers' license, additional fines, and anything that the judge believes will be effective and reasonable in deterring future criminal behavior.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).