Sunday, January 17, 2010

What is a preliminary revocation hearing for federal cases? Does the person have to be arrested or taken i?

into custody before the hearing or what? How is the defendant notified by the PO or by paperwork? What is the next step after this preliminary revocation hearing?What is a preliminary revocation hearing for federal cases? Does the person have to be arrested or taken i?
It depends on what they are trying to revoke. Typically a revocation hearing is to determine whether some privilege granted to a defendant should be taken away. For example, if you are out on bond (bail) and awaiting trial for car theft, and it is discovered that you were arrested for armed robbery while out on bond, they would likely hold a bond revocation hearing to decide whether or not to revoke your bond.





If you are on parole, and you violate the terms of your parole, they will likely hold a parole revocation hearing to determine whether or not to revoke your parole. I am going to assume (since you mentioned a parole officer) that this has to do with an alleged parole violation.





The preliminary revocation hearing is the hearing in which a judge decides whether the evidence that a parole violation occurred is sufficient to bring the matter to a full-blown revocation hearing. If the judge finds that there is enough evidence, an actual revocation hearing will be held. At the actual hearing, the judge will hear all of the evidence and legal arguments, and then decide whether a parole violation did in fact occur and, if so, what to do about it.





EDIT: Oh yeah. Your other question. The defendant should be served with either a subpeona or a warrant ordering them to appear at the hearing. Sometimes this service is performed in conjuction with an arrest. That is, the police might pick the defendant up and keep him (or her) in custody until the hearing. It depends on what the judge ordered in the warrant or subpeona, and/or the statutes governing parole in your state.





EDIT AGAIN: Oops. You said it was Federal court. So your state's laws are likely irrelevant.

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