A petition to revoke is a document filed by a prosecutor in a criminal case. When a person is on probation, conditional discharge, or supervision, he or she must follow certain conditions to avoid the full penalty allowed by law. If the prosecutor believes the person has failed to comply, a petition to revoke is filed.

The petition itself is a simple document. It includes the date the person was placed on probation, conditional discharge, or supervision, the conditions imposed, and a statement alleging how the person violated the court order.

In a criminal case, a person pleads guilty or not guilty. If guilty, a sentencing hearing is held; if not guilty, the case goes to trial. A person cannot be punished unless guilt is admitted or proven at trial.

A petition to revoke works similarly but with key differences. Instead of pleading guilty or not guilty, the person either “admits” or “denies” the allegations. If admitted, a sentencing hearing is scheduled. If denied, the case is set for a hearing, similar to a trial, where the prosecutor must prove the violation. However, unlike a criminal trial, the accused has no right to a jury, and the prosecutor only needs to prove the allegations by a preponderance of the evidence—a much lower standard than beyond a reasonable doubt.

This distinction makes petitions to revoke particularly serious. A person facing one could be subject to all the original penalties from the criminal case, including jail. At this stage, the original case cannot be contested—a guilty finding has already been entered. The only issue is whether the court order has been violated.

Because the risk of jail and other penalties is high, it is critical to seek experienced legal representation. Harter & Schottland has successfully defended many clients in petition to revoke hearings, using strategies tailored to each case. Call us immediately if a petition is filed against you or someone you know.

The post Petition To Revoke appeared first on Harter & Schottland.