REVOCATION OF PROBATION
Right to Lawyer: Unless you waive your right to an attorney, you have the right to have a lawyer at the revocation proceeding.
Burden of Proof at Revocation: The State has the burden of proof at the hearing. They must prove their case by a
preponderance of the evidence.
If the court believes the weight of the credible evidence is in favor of the state, then they will find that the probation was violated.
Each element of the State’s petition must be proved by this standard.
Sentencing after Revocation: Once the probation is revoked, the judge may impose a sentence anywhere within the plea agreement’s term of years.