what does it mean when the DA petitions to revoke probation?

UPDATED: Jun 10, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 10, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

what does it mean when the DA petitions to revoke probation?

Asked on June 10, 2009 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It means that there has been a probation violation and the DA is petitioning (asking the court) to revoke probation. The definition of revoke is to put an end to the validation or operation of something. As soon as a probation violation occurs, an arrest may follow shortly thereafter and/or the defendant may be ordered to court for a probation violation hearing. During the court hearing, the prosecutor must prove the violation by more than 50% of the evidence, as opposed to "beyond a reasonable doubt" which is necessary for a criminal trial.

There are several factors that the Judge and Prosecutor use when considering a probation violation. They include:

  • The seriousness of the probation violation
  • The nature of the probation violation
  • The history of previous probation violations
  • New criminal activity surrounding the probation violation
  • Aggravating and mitigating circumstances of the probation violation
  • The probation officer and/or probation department's view of the probation violation
  • The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)

If you are found to have violated your probation there a various consequences that you may suffer. You could have your probationary period extended, you could have other changes to your probation (such as counseling, a treatment program or physical labor added), you could have reinstatement of your probation on the same terms that you had before, or your probation could be revoked and you will receive a prison sentence.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption