Probation Revocation

There are two phases of probation revocation proceedings.

The first phase is called “adjudication”. At adjudication, the State must show probable cause to believe you violated the terms of your probation. Perhaps you were arrested for a new charge or you gave a dirty UA test. The State does not have to prove you guilty beyond a reasonable doubt of the new charge, all they must prove is probable cause to believe you committed the new offense. Proof by probable cause is a lower standard than the proof required to get you convicted which is beyond a reasonable doubt.

Let’s say you are on probation and you are not to consume alcohol. An officer stops you for suspected public intoxication. You are given a breath test but the results are not sufficient to get you arrested and convicted of public intox. If the test results show you have consumed alcohol, the State may use this evidence to revoke your probation based on a violation of the no-consumption clause of your probation agreement.

The second phase is called the “disposition” phase. If the State proves you did something wrong, now the question becomes ….. what to do with you. There are many options available to the court. You may be found in contempt and given some time in the county jail and you will be continued on your probation. You may be found in contempt and sent to jail and your probation is ended. You may have your probation period extended. You may have your probation revoked and you will be sent to serve the original sentence which would be the original sentence of jail or prison.

If you are toast on the probation violation, you did it and you don’t want to contest it, you may combine the adjudication and disposition phases into one hearing. Often, the parties can reach an agreement with the State of Iowa on what should happen to you if you just fess up. Perhaps serve 7 days in jail or go to a community correction facility or to a drug treatment facility. Worst case is that if your original sentence was for 2 years or more, you can be sent to prison to serve the sentence.

If you have been down the road of all the options in the past, you may well get sent.