A probation violation will often prompt at least two hearings.
The first, which must be requested by a probation officer, is a detainment hearing. At this initial hearing, the judge will determine whether the probationer should be jailed for the duration of the violation proceedings.
The second hearing, referred to as a violation of probation or VOP hearing, takes place about one month after the alleged violation. At this evidentiary hearing, the judge will hear testimony and consider evidence from the probation officer and the defense counsel.
Once both sides are heard, the judge will first determine whether (by a preponderance of the evidence) a violation has occur.
If a violation is found, the judge will likely then impose a penalty on the probationer. Such a punishment may include imprisonment, extended probation time, or added terms/conditions of probation.
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