Q: What is will judge most likely do in a revocation hearing.
Felony probation. Has been on it for 3 years after serving prison time and parole. He violated probation by not completing all of the drc treatment plan. He couldn't work and do those classes completely. He has 2 babies age 1 and 3 whom he is the main provider. His family is facing eviction if he can't work.
A:
It is hard to say what the judge will do. Judge's have wide discretion in revoking probation based on non-compliance or new arrests. You should consult a lawyer who could point to good facts that could possibly keep the judge from revoking probation and ordering the person to remain incarcerated for the remainder of his sentence.
For example:
a. this is the first violation of the terms of probation;
b. steady employment;
c. steady family;
d. drug and alcohol free; and
e. provide suggestions to the court how the person can become compliant with the terms of probation.
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