The first court date is a “Probation Violation Arraignment”. The Defendant will either admit his violation, or set it over for a “Probation Violation Hearing”. Most probation violations are readily apparent and it is usually wise to admit the violation to speed along the proceeding. A skilled attorney will have already met with the probation officer and try to work out a “Probation Violation Disposition” (see Probation Violation Disposition)). If this has occurred, then it is possible to have both the “Probation Violation Arraignment” and “Probation Violation Disposition” held at the exact same time. This usually will result in a Defendant being released and placed back onto probation or reset to “Intensive Probation.”
If a probation officer is being difficult, it is sometimes wise to admit to the least offensive technical violation (i.e., failure to appear at a certain time) and set the case over for a “Probation Violation Disposition.”
Talk with an attorney at DM Cantor today about Probation Violation Arraignment.