A revocation hearing is a court hearing before a criminal judge that can refer to either a probation revocation hearing or a parole revocation hearing. During a probation revocation hearing, the judge will decide whether or not to revoke probation for an individual, as well as what criminal sanctions and sentences to then impose upon them. A probation revocation hearing occurs when an individual is charged with violating the terms of their probation and is ordered to appear before a judge who will decide, by a preponderance of the evidence, whether they have violated the terms of their probation.

Some key features of a probation revocation hearing include:

• Violating Probation Terms: Probation is subject to conditions that an individual must adhere to, such as following all local, state, and federal laws.
• Hearing Before a Judge: Unlike a criminal trial, which involves a jury making findings of fact, a probation revocation hearing is before a judge.
• Burden of Proof: In a probation revocation hearing, the prosecutor does not need to prove to the judge that the individual violated the terms of their probation “beyond a reasonable doubt.” The prosecutor need only prove that the individual violated the terms of their probation “by a preponderance of the evidence”.

During a revocation hearing, the alleged violator may present voluntary witnesses and documentary evidence in their behalf. They may also contest the allegations brought against them by presenting evidence and testimony that refutes the allegations that are being brought in the revocation hearing. The outcomes of a revocation hearing are either the person will have their parole or probation revoked, or they will not have their parole or probation revoked.