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Probation Violation
Probation Violation - Initial Appearance 
What Department of Corrections Should Do
The Department of Corrections should gather information about the alleged violation, determine what an appropriate resolution might be, based on the misconduct giving rise to the petition or motion and present information and recommendation to the prosecutor. 

What Counsel Should Do
  • Prosecutor
    • Consult with court Criminal Administration (CrA) staff about the appropriate date for the hearing
    • Prepare the petition or motion and seek arrest warrants
  • Defense Counsel
    • Consult with defendant about alleged violation and what appropriate response would be
    • If resolution has been agreed to, inform court and prepare necessary paperwork

What Should Happen at the Initial Appearance
If there is an agreed resolution, present completed paperwork to the Court for signature. If there is no agreed resolution, schedule a subsequent hearing on the Criminal Division Probation Violation (CDPV) docket.

Probation Violation - Subsequent Hearings
What Department of Corrections Should Do 
The Department of Corrections should determine what the appropriate resolution might be, based on the misconduct giving rise to the petition or motion and make recommendation to the prosecutor.

What Counsel Should Do 
  • Both Attorneys
    • Exchange witness lists
    • If there is an agreed resolution, inform court and prepare necessary paperwork
  • Defense Counsel
    • Consult with defendant about alleged violation and what appropriate response would be
  • Prosecutor
    • Provide defendant and his or her counsel with information about the facts of the alleged violation
    • Subpoena witnesses, as necessary 

What Should Happen at the Hearing
If there is an agreed resolution, present completed paperwork to the court for Judge's signature. If there is no agreed resolution, the judge reviews documents, hears any testimony and decides revocation / violation and decides appropriate remedy.