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Old 10-23-2016, 10:03 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by GaReform View Post
Thanks for clearing that up. There was no new criminal conviction on my son's revocation either but they used the sentencing order wording to describe the revocation time to serve. I wonder if the parole board would use some of the same considerations & possibly dismiss the revocation if enough evidence could be presented. Keeping my fingers crossed that a compromise can be reached.
A probation that is revoked is a new conviction in that there is a sentence to prison. This is precisely the reason that a greater array of due process exists in a motion to revoke probation than in a revocation of parole (an administrative proceeding as opposed to a judicial proceeding).

Allegations in a revocation hearing for someone on parole still have due process protections and still have to be proven up. People are returned to supervision following a revocation hearing on a regular basis, sometimes even in instances where evidence of the allegation is offered and accepted.
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