Gilmer & Giglio

Blog

Revocation - What is it?

Revocation is usually short-hand for a hearing that is intended by the State of Louisiana to end a criminal defendant’s supervised release on probation or parole and return him to incarceration for some period of time up to the length of his original sentence.

When a criminal defendant is sentenced to probation, or is released on parole, there are conditions of his supervision with which he must comply.

The standard conditions of release on probation are found in Louisiana Code of Criminal Procedure Article 895. All defendants are required to refrain from criminal conduct and to pay a supervision fee to help defray the costs of supervision. In addition, the sentencing court may impose any or all of the following conditions:

  • Full and truthfully report to his probation/parole officer (PO) monthly or as directed;

  • “Meet his specified family responsibilities, including any obligations imposed in a court order of child support”;

  • Allow his PO to visit him at home or other places he may regularly be found;

  • Maintain employment;

  • Refrain from owning or possessing a firearm or other dangerous weapon;

  • Make reparation or restitution to the victim;

  • “Refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;”

  • Stay within the jurisdiction of the court and receive permission from his PO before changing his address or employment;

  • If he is unable to read English, “devote himself to an approved reading program;”

  • Community service;

  • Submit to medical, psychiatric, or substance abuse examination or treatment; and/or

  • Agree to searches of his person, home, vehicle, etc…by his PO.

A judge may impose additional restrictions in the event he believes them necessary for the particular criminal defendant.

If the defendant then violates these conditions, his PO can file a Petition for Probation Revocation, which will usually be accompanied by a warrant, and the defendant will have to appear before the sentencing judge to explain why his probation should not be revoked.

If his probation is revoked, a defendant can be ordered to a longer term of probation, to perform additional conditions of probation, or can have his probation terminated, and he can be ordered to serve the original prison sentence that was suspended at the time he was placed on probation.

If you or someone you love has been notified that his PO is going to terminate his probation, please contact our office to assist you.